6: Impeachment using prior convictions Flashcards
Mandatory admission of prior convictions: felonies
Evidence of a witness’s prior felony conviction must be admitted if:
(1) It is offered in a civil case; and
(2) If offered in a criminal case:
(a) The witness is not a defendant; or
(b) The witness is a defendant and the probative value of the evidence outweighs its prejudicial effect to that defendant.
Mandatory admission of prior convictions: crimes of dishonesty
For any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving—or the witness’s admitting—a dishonest act or false statement.
Old convictions
If more than 10 years have passed since the later of:
(a) the witness’s conviction or
(b) the witness’s release from confinement,
evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.
Juvenile convictions
Evidence of a juvenile conviction may be used to impeach a witness other than the defendant only if:
(i) it is offered in a criminal case;
(ii) an adult’s conviction for that same offense would be admissible to attack the adult’s credibility; and
(iii) admitting the evidence is necessary to fairly determine guilt or innocence.
Juvenile convictions: criminal defendant’s testimony
The defendant in a criminal case who testifies on her own behalf may not be impeached by a juvenile adjudication to show that the defendant is untruthful.
Pardoned convictions
A conviction may not be used for impeachment purposes if the witness has been pardoned, provided that either:
(i) the action was based on a finding of innocence; or
(ii) the witness has not been subsequently convicted of another felony.
