habit: char for truthfulness Flashcards
406 habit
evidence of habit (regular response to repeated specific situation) or an organization’s routine practice may be admitted (regardless of whether corroborated) to show on particular occasion, acted in accordance w/
608(a) witness credibility
witness credibility for un/truthfulness may be attacked or supported by reputation or opinion. Can only offer support for truthfulness after witness char. for truthfulness has been attacked
608(b) extrinsic evidence and witness credibility
extrinsic evidence not admissible to prove specific instances of witness conduct to attack char. for truthfulness (except crim conviction under 609). HOWEVER, on cross-x, may be allowed to inquire into specific instances if probative of char. for un/truthfulness of the witness or another witness whose char. the witness being cross-x’d testified about
609 attacking witness char. for truthfulness w/ past convictions
GENERALLY: if crime was punishable by death or imprisonment of more than 1 year: must be admitted in any case if D not a witness (subj. to 403); AND in crim case where witness is a D if probative value outweighs prejudice to that D; and for any crime if court can readily determine that establishing the elements required proving a dishonest act or false statement
if more than 10 years passed since later of convinction or confinement: only admissible if probative value supported by specific factual/circumstances substantially outweighs prejudice and offerer give sreasonable notice
if pardoned, annulment, rehabilitated and not been convicted of a later felony OR based on innocence then conviction NOT admissible
juvenile adjudications never admissible in civil cases or to impeach testimony of crim d. Even when used against other witnesses in crim case; only admissible if “an adults conviction for that offense would be admissible to attack the adults credibility and admitting the evidnece is NECESSARY to fairly determine guilt or innocence
If pending appeal, still counts
