MacCarthy on Impeachment: How to Find and Use These Weapons of Mass Destruction
Impeachment of witnesses is "an alien, mystifying, and obtuse area of the law," write the authors of MacCarthy on Impeachment. While there are many books on evidence and trial advocacy, there is very little written specifically on impeachment. For the trial lawyer and judge, it is one of the most confusing and misunderstood parts of the trial. Just as cross examination is the most difficult of trial skills, impeachment, usually a part of cross examination, is the most difficult of the difficult. Many, if not most, trial lawyers do not know what they can or cannot do to impeach. Most importantly, they do not know how to do what they can do.

MacCarthy on Impeachment offers trial lawyers "weapons of mass destruction." This book reveals those "weapons" and offers instruction on how to use them. Co-written by the author of the legal classic, MacCarthy on Cross-Examination, MacCarthy on Impeachment is a groundbreaking work that will become an indispensable resource for trial attorneys seeking to improve their skills and better serve their clients.

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MacCarthy on Impeachment: How to Find and Use These Weapons of Mass Destruction
Impeachment of witnesses is "an alien, mystifying, and obtuse area of the law," write the authors of MacCarthy on Impeachment. While there are many books on evidence and trial advocacy, there is very little written specifically on impeachment. For the trial lawyer and judge, it is one of the most confusing and misunderstood parts of the trial. Just as cross examination is the most difficult of trial skills, impeachment, usually a part of cross examination, is the most difficult of the difficult. Many, if not most, trial lawyers do not know what they can or cannot do to impeach. Most importantly, they do not know how to do what they can do.

MacCarthy on Impeachment offers trial lawyers "weapons of mass destruction." This book reveals those "weapons" and offers instruction on how to use them. Co-written by the author of the legal classic, MacCarthy on Cross-Examination, MacCarthy on Impeachment is a groundbreaking work that will become an indispensable resource for trial attorneys seeking to improve their skills and better serve their clients.

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MacCarthy on Impeachment: How to Find and Use These Weapons of Mass Destruction

MacCarthy on Impeachment: How to Find and Use These Weapons of Mass Destruction

by Sean Patrick MacCarthy Sean Patrick MacCarthy, Terence F. MacCarthy
MacCarthy on Impeachment: How to Find and Use These Weapons of Mass Destruction

MacCarthy on Impeachment: How to Find and Use These Weapons of Mass Destruction

by Sean Patrick MacCarthy Sean Patrick MacCarthy, Terence F. MacCarthy

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$69.95 
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Overview

Impeachment of witnesses is "an alien, mystifying, and obtuse area of the law," write the authors of MacCarthy on Impeachment. While there are many books on evidence and trial advocacy, there is very little written specifically on impeachment. For the trial lawyer and judge, it is one of the most confusing and misunderstood parts of the trial. Just as cross examination is the most difficult of trial skills, impeachment, usually a part of cross examination, is the most difficult of the difficult. Many, if not most, trial lawyers do not know what they can or cannot do to impeach. Most importantly, they do not know how to do what they can do.

MacCarthy on Impeachment offers trial lawyers "weapons of mass destruction." This book reveals those "weapons" and offers instruction on how to use them. Co-written by the author of the legal classic, MacCarthy on Cross-Examination, MacCarthy on Impeachment is a groundbreaking work that will become an indispensable resource for trial attorneys seeking to improve their skills and better serve their clients.


Product Details

ISBN-13: 9781634254205
Publisher: American Bar Association
Publication date: 02/01/2017
Pages: 192
Sales rank: 944,307
Product dimensions: 5.90(w) x 8.90(h) x 0.50(d)

About the Author

Sean P. MacCarthy is a Partner with Chittenden, Murday & Novotny, LLC, a Chicago law firm. Sean graduated from the Universityof Illinois Champaign–Urbana in 1985, earning Phi Beta Kappa distinction. Sean received his J.D. degree in 1988 from Loyola UniversityChicago School of Law. Sean has tried cases in state courts and federal courts involving many areas including complex commercial matters, medical malpractice, and divorce. Sean also maintains an active pro-bono practice.



Mr. MacCarthy graduated at the top of his class from St. Joseph's College in 1955, with a B.A. in Philosophy. After serving as a Lieutenant in the Marines, he attended law school at DePaul, graduating again in the top ten percent of his class in 1960. Following graduation, he served as an Assistant Professor of contracts and real property before beginning a clerkship to former Chief Judge William J. Campbell of the US District Court for the Northern District of Illinois and serving as Illinois Special Assistant Attorney General, specializing in civil trials and appeals. Since 1966, he has been the Executive Director of the Federal Defender Program in the US District Court for the Northern District of Illinois. He was selected for the position by the judges of the District Court and the deans of the six Chicago law schools. As Executive Director, Mr. MacCarthy is primarily responsible for the administration of the unique and highly successful program that provides counsel for some 1500 defendants each year who are charged with federal crimes but are unable to afford private counsel. Since its beginning, the office is frequently reported as being one of the best defender offices in the nation. In addition to his overall administrative responsibilities, Mr. MacCarthy continues to try cases personally and train his staff and assist them in the handling of their cases. Under his leadership, a legal internship program provides law students the opportunity to participate in all stages of a federal criminal defense. Always a strong believer in mentoring, Mr. MacCarthy has authored and published over twenty legal articles. He continues to write, lecture throughout the United States and serves on the Permanent Faculty of six law schools. A 1999 Mercer Law Review article entitled The Calling of Criminal Defense, says of him, He has taught trial advocacy to lawyers and law students in every state in the country and is known for his humor and wit." Terrence MacCarthy is a member of the American, Illinois, Chicago, Federal and Seventh Circuit Bar Associations, the Illinois Attorneys for Criminal Justice, the National College of Criminal Defense, the National Legal Aid & Defender Association and the National Association of Criminal Defense Lawyers serving on the Board of each. He has been awarded the DePaul UniversityCollege of Law 1994 Alumni Service Award, the 1993 National Association of Criminal Lawyers Distinguished Service Award, the Illinois Attorneys for Criminal Justice 1993 Annual Award for Extraordinary Contribution to the Goals and Ideals of the Association, the California Attorneys for Criminal Justice 1990 Annual Award for Significant Contribution to Criminal Justice and the 1989 Universityof Virginia School of Law William J. Brennan, Jr. Award, presented to him by Justice Brennan.

The Honorable Terence F. MacCarthy teaches Trial Advocacy extensively around the country to experienced lawyers as well as law students. As a faculty member for many distinguished Trial Advocacy programs he uses lectures, small group teaching, and improv to develop storytelling, communication, and advocacy skills. Terence served for twenty years with the Law Office of the Cook County Public Defender, working as both an Assistant Public Defender, and for his last seven years, as an Attorney Supervisor in the Felony Trial Division at the George N. Leighton Criminal Court Building at “26th and California.” Terence was elected Judge of the Circuit Court of Cook County, Illinois, in 2010.

Table of Contents

Foreword vii

Introduction ix

Ways to Impeach xvi

Chapter 1 Impeachment with Inconsistent Statements 1

Chapter 2 Contradictions 41

Chapter 3 Motivation 49

Chapter 4 Truthfulness 73

Chapter 5 Convictions 89

Chapter 6 What the Witness Could Have Done But Did Not Do 105

Chapter 7 Capacity 111

Chapter 8 FRE 404(b) 115

Chapter 9 Habit 121

Chapter 10 Writing Used to Refresh Memory 125

Chapter 11 An Opposing Party's Statement 131

Chapter 12 Hearsay Declarant 135

Chapter 13 Impeachment of a Character Witness 145

Chapter 14 Sex Offense or Sexual Assault Cases 149

Expert Witnesses

Chapter 15 Expert's Résumé 159

Chapter 16 Learned Treatises 163

Extra

MacCarthy's Rules of Trial Advocacy 169

Index 173

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