Impeachment Flashcards
When can (and cannot) crimes b used for impeachment
**Crimes involving dishonesty/false statement **can be used to impeach any witness for any conviction
Conviction NOT involving dishonesty/false statement—admissible to impeach
witness only if crime is punishable by death or imprisonment > 1 year
o If witness is criminal D—admissible only if its probative value outweighs the prejudicial effect to that D (stricter than usual balancing test)
o Other witnesses—generally admissible; discretion to exclude if probative value is
substantially outweighed by its prejudicial effect
Conviction or release > 10 years ago—admissible if probative value substantially outweighs prejudicial effect and reasonable written notice of intent to use evidence
Pardon—conviction not admissible if subject of a pardon, annulment, or other action based on a finding of innocence; pending appeal does not prevent impeachment
Juvenile adjudication—not admissible to impeach D; may impeach other witness’s character for truthfulness in criminal case if an adult conviction for that offense would be admissible and admitting it is necessary to determine guilt or innocence
Evidence that a criminal defendant previously committed a crime or bad act is inadmissible to show the defendant’s propensity or inclination to commit the charged crime.But such evidence may be admissible for other relevant, noncharacter purposes (ie, MIMIC).
