Ease Into Prep with a BAR^® Question of the Day

The correct answer is: (A) Yes, as extrinsic impeachment evidence.

When the credibility of a witness is being challenged based on the witness' inability to have perceived the event, impeachment can proceed by cross-examination or by offering extrinsic evidence. It is not necessary that defense counsel cross-examine the witness about her bad eyesight. In this instance, extrinsic evidence is admissible to show that she may not have been able to accurately identify the defendant.

(B) Incorrect. Yes, as an exception to the hearsay rule.

This choice is incorrect because the optometrist's testimony is based on his own firsthand knowledge, and is not hearsay.

(C) Incorrect. No, as hearsay.

This choice is incorrect because the optometrist's testimony is based on his own firsthand knowledge, and is not hearsay.

(D) Incorrect. No, as improper impeachment evidence.

This choice is incorrect because, when the credibility of a witness is being challenged based on the witness' inability to have perceived the event, impeachment can proceed by cross-examination or by offering extrinsic evidence. It is not necessary that defense counsel cross-examine the witness about her bad eyesight. In this instance, extrinsic evidence is admissible to show that she may not have been able to accurately identify the defendant.