Impeachment by Prior Crimes

Question 1

609

Answer 1

“Impeachment by Evidence of a Criminal Conviction (609)

The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:

1) If the crime is punishable by death or 1yr+ imprisonment, the evidence is admitted if:
a) Meets rule 403, in civil/criminal in which the witness is not a defendant
b) If It is a criminal case where the witness is a defendant,
i) If the probative value outweighs its prejudicial effect to that defendant
c) For any crime regardless of the punishment, if the court can readily determine that establishing the elements of the crime required proving/ witness admitting a dishonest act or false statement.

(a) If more than 10 years have passes since the witness’s conviction/release the evidence is admissible only if:
a. its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
b. 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.
(b) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction is not admissible if:
a. The conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or1yr+ imprisonment
b. the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(c) Juvenile Adjudications. Evidence of a juvenile adjudication is admissible under this rule only if:
a. it is offered in a criminal case;
b. the adjudication was of a witness other than the defendant;
c. an adult’s conviction for that offense would be admissible to attack the adult’s credibility; and
i. it is necessary to fairly determine guilt or innocence.
(d) Pendency of an Appeal. A conviction that satisfies this rule is admissible even if an appeal is pending.
a. Evidence of the pendency is also admissible.
i. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
1. the witness; or
2. another witness whose character the witness being cross-examined has testified about.
3. By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
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