Legal Definitions - Rehabilitation

In legal proceedings, rehabilitation refers to the process of restoring a witness's credibility after it has been challenged or attacked by the opposing side during a trial. When an attorney attempts to discredit a witness's testimony, accuracy, or truthfulness (a process known as impeachment), the attorney who called that witness may then introduce evidence to demonstrate that the witness is, in fact, reliable and trustworthy. This is typically achieved in one of two ways:

• By presenting evidence of the witness's good character for truthfulness and honesty.
• By introducing a prior statement made by the witness that is consistent with their current testimony, especially if that prior statement was made before any alleged motive to lie or inconsistency arose.

It is crucial to understand that rehabilitation can only occur after a witness's credibility has been attacked. Attempting to introduce evidence to support a witness's credibility before it has been questioned is generally not permitted and is referred to as "bolstering."

Examples of Rehabilitation:

• Imagine a civil trial where a key witness testifies about observing a car accident. During cross-examination, the opposing attorney suggests the witness has a history of exaggerating details and once filed an insurance claim with inflated damages, implying they are not a truthful person (impeachment). To rehabilitate their witness, the attorney who called them might then bring in a former employer who testifies that, in their professional experience, the witness was always known for their meticulous honesty and and integrity, despite the past incident. This testimony helps to restore the witness's reputation for truthfulness by providing evidence of their good character.

• Consider a criminal case where a witness identifies the defendant as the person they saw fleeing the crime scene. The defense attorney attempts to impeach this witness by suggesting they are only testifying against the defendant because they owe the defendant money and are trying to avoid repayment (implying a motive to lie). To rehabilitate their witness, the prosecutor could then introduce a statement the witness made to the police immediately after the incident, which also identified the defendant and was given before any financial dispute between the witness and defendant arose. This prior consistent statement shows the witness's identification was consistent even before the alleged motive to lie existed, thereby countering the impeachment.

• In a contract dispute, a witness testifies about the specific terms discussed during a negotiation meeting. The opposing counsel tries to impeach the witness by pointing out a minor discrepancy between their current testimony and a casual comment they made to a colleague several months later, suggesting their memory is unreliable. To rehabilitate their witness, the attorney could then present an email the witness sent to their own legal team just hours after the negotiation meeting, detailing the exact terms that match their current testimony. This prior consistent statement, made when the events were fresh in mind, helps to affirm the accuracy of their current recollection and rehabilitates their credibility.