impeachment

A criminal proceeding against a public officer, before a quasi political court, instituted by a written accusation called "articles of impeachment"; for example, a written accusation by the House of Representatives of the United States to the Senate of the United States against the President, Vice President, or an officer of the United States, including federal judges. Such federal power of impeachment is provided for in Art. II, No. 4 of the Constitution. Under Art. I, No. 2, cl. 5, the House of Representatives "shall have the sole Power of Impeachment", and under No. 3, cl. 6, "The Senate shall have the sole Power to try all Impeachments". A two thirds vote of the Senate is required for impeachment.

@ articles of impeachment

The formal written allegation of the causes for an impeachment, answering the same purpose as an indictment in an ordinary criminal proceeding. Under the above cited constitutional provisions, Articles of Impeachment are initiated by the House of Representatives with the trial conducted by the Senate.

See also address (bill of address).

+ articles of impeachment

A formal written allegation of the causes for impeachment; answering the same office as an indictment in an ordinary criminal proceeding.

See also impeachment

@ collateral impeachment

See collateral attack

@ impeachment of verdict

Attack on verdict because of alleged improprieties in the jury's deliberations or conduct

@ impeachment of witness

To call in question the veracity of a witness, by means of evidence adduced for such purpose, or the adducing of proof that a witness is unworthy of belief. McWethy v. Lee, 1 Ill.App.3d 80, 272 N.E.2d 663, 666.

In general, though there are variations from state to state, a witness may be impeached with respect to prior inconsistent statements, contradiction of facts, bias, or character. A witness, once impeached, may be rehabilitated with evidence supporting credibility. State v. Peterson, Iowa, 219 N.W.2d 665, 671.

Fed.R-Civil P. 32(aX) permits the use at trial of a witness's prior deposition to discredit or impeach testimony of the deponent as a witness.

Fed.Evid.R. 607 provides that the "credibility of a witness may be attached by any party, including the party calling him."

Rule 608 governs impeachment by evidence of character and conduct of witness, and

Rule 609 impeachment by evidence of conviction of crime.

See also address (bill of address)

- cross-examination

- Jenks Act or Rule

- prior inconsistent statements

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