Maine Impeachment of Defendant's Testimony by Prior Conviction is a type of evidence that can be used in a criminal trial in the state of Maine. It allows the prosecutor to impeach the credibility of a defendant's testimony by introducing evidence of prior convictions of the defendant in order to show that the defendant may be untruthful or unreliable. This type of impeachment can be used when a defendant testifies in court and is subject to cross-examination. There are two types of Maine Impeachment of Defendant's Testimony by Prior Conviction: One is for felonies and the other is for misdemeanors. In the case of a felony, the prosecutor must show that the defendant was convicted of a felony in the past that involved dishonesty or false statement. In the case of a misdemeanor, the prosecutor must show that the defendant was convicted of a misdemeanor in the past that involved dishonesty or false statement. Both types of Maine Impeachment of Defendant's Testimony by Prior Conviction require that the conviction be proven beyond a reasonable doubt.
Maine Impeachment of Defendant's Testimony by Prior Conviction
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FAQ
Impeachment by Evidence of A Criminal Conviction.
Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.
With respect to other witnesses, in addition to any prior conviction involving false statement or dishonesty, any other felony may be used to impeach if, and only if, the court finds that the probative value of such evidence outweighs its prejudicial effect against the party offering that witness.
Evidence has been presented that the defendant has heretofore been convicted of (another offense)/(other offenses) distinct from that charged in the information. This evidence is called impeachment evidence, and it is offered to show that the defendant's testimony is not believable or truthful.
Under this provision, evidence of a general felony crime can be used for impeachment purposes only if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant.
How Do Lawyers Impeach a Witness? Impeaching a Witness Through Prior Inconsistent Statements.Impeaching a Witness by Showing Bias or Personal Interest.Impeaching a Witness With Character or Reputation Evidence.Impeaching a Witness Who Has a Criminal Conviction.
RULE 402. Irrelevant evidence is not admissible.
