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 the law of impeachment. Generally, impeachment law is found in the law of evidence, however, it frequently involves different applications of the law of evidence--which can be confusing. In MacCarthy on Impeachment, 16 methods of impeachment are discussed: inconsistent statements; contradictions; motivation; truthfulness; convictions; what the witness could of done, but did not; capacity; bad acts, crimes, and wrongs; habit, writing used to refresh memory; an opposing party's statement; the hearsay defendant; character witnesses; and certain evidence of sexual behavior by the alleged victim of the defendant. And for expert witnesses only, two methods of impeachment: qualifications and curriculum vitae and learned treatises. From 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.
About the Author
Terence F. 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 University College 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 University of Virginia School of Law William J. Brennan, Jr. Award, presented to him by Justice Brennan. Sean Patrick MacCarthy, a Special Member of Chittenden, Murday & Novotny LLC, has practiced in Chicago for more than 27 years as a litigator and trial attorney. Sean has tried cases in state court and federal court and has argued several appeals, including a victory in the Illinois Supreme Court. He has been recognized (2014-present) as a Leading Lawyer in Commercial Litigation, a distinction earned by fewer than 5% of all lawyers in the state. He is a member of the Federal Trial Bar for the Northern District of Illinois. He also serves as an arbitrator for the Circuit Court of Cook County's Mandatory Arbitration program. He is admitted to practice in Illinois, the United States Court of Appeals for the Seventh Circuit, and the United States District Courts for the Northern and Central Districts of Illinois. Sean has handled numerous litigation matters involving catastrophic injuries, including lawsuits involving medical malpractice, products liability, construction litigation and premises liability. Sean also has extensive experience in life insurance and disability insurance matters. He has represented the insurance industry on a national and international basis. Sean has also represented clients in hearings and trials before the State of Illinois Department of Insurance, the Illinois Department of Financial and Professional Regulation, and the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois. Sean has also successfully defended employers who have been unfairly or improperly accused of discrimination. Sean's complex commercial litigation trials include a verdict and judgment in the Colorado State Court for five hundred thousand dollars on behalf of three United Kingdom businessmen, in a matter involving software and successor liability. Sean has also handled numerous Domestic Relations and Paternity matters for clients. The Domestic Relations/Dissolution of Marriage work has included Collaborative work. In 1985, Sean received his B.A. degree, with Phi Beta Kappa distinction, from the University of Illinois, Champaign-Urbana. Sean received his JD degree in 1988 from Loyola University School of Law. Sean's cases include: Evangelou v. Childrens Memorial Hospital, 227 Ill. App. 3d 909, 592 N.E.2d 329 (1st Dist. 1992); Vincent v. Williams, 279 Ill. App. 3d 1, 664 N.E.2d 650 (1st Dist. 1996); Technic Engineering Ltd. v. Basic Envirotech, Inc., 53 F.Supp. 2d 1007 (N.D. Ill. 1999); Royal Maccabbees Life Ins. Co. v. Parker, 2001 WL 1110489 (N.D. Ill. 2001); Robinson v. Parkshore Cooperative, 2002 WL 1400322 (N.D. Ill. 2002); and Lauer v. American Family Life Ins. Co., 199 Ill. 2d 384, 769 N.E.2d 924 (2002). Sean is a Gold Fellow of the Illinois Bar Foundation, and is also a member of the Chicago Bar Association, the American Bar Association, the Defense Research Institute and the Illinois Association of Defense Trial Counsel. Sean maintains an active pro-bono practice and served for 10 years as a member of the Board of Directors of First Defense Legal Aid ("FDLA"), a not-for-profit organization providing criminal defense services to Chicago residents (http: //first-defense.org). Sean is a member of FDLA's Advisory Board. Furthermore, Sean was a former member of the Board of Directors of Broader Urban Involvement and Leadership Development (BUILD), another not-for-profit organization, whose mission is to help redirect the behavior of gang-affiliated youth. Sean has served as a Volunteer Judge for the Mikva Challenge, Project Soapbox Public Speaking Competition. Hon. Terence Fulton MacCarthy is a circuit court judge with the State of Illinois Circuit Court, Cook County Judicial Circuit.