Which of the following may be shown to impeach a witness based on bias, prejudice, or motive to misrepresent?

• A. Only prior consistent statements may be used to impeach the witness.
• B. Bias, prejudice, interest, or motive to misrepresent may be shown to impeach the witness.
• C. Sensory defects are the only basis for impeachment.
• D. Extrinsic evidence is never admissible to impeach for bias.

Answer: (B)

The main idea here is that a witness’s credibility can be attacked by showing bias, prejudice, or a motive to misrepresent. If a witness stands to gain or lose from the outcome, or has a personal relationship or hostility toward a party, that bias can affect how they testify and should be considered when weighing their statements. Because credibility is what matters for truth-seeking, evidence of bias is admissible to impeach a witness, and it can be shown through extrinsic means (not just what the witness says on cross-examination). This is why bias, prejudice, interest, or motive to misrepresent may be shown to impeach.

In contrast, restricting impeachment to only prior consistent statements misses many common bias scenarios, and treating sensory defects as the only basis for impeachment misses the broader range of credibility attacks. The statement that extrinsic evidence is never admissible to impeach for bias is simply incorrect, since bias can be proven with outside evidence showing the witness’s stake or motive.