Impeachment of Defendant — Prior Conviction (F.R.E. 609) (revised 2014) is a legal procedure used to discredit the credibility of a defendant in a criminal trial. The Federal Rules of Evidence (F.R.E. 609) allow for the introduction of evidence of a defendant's prior criminal convictions during a court proceeding for impeachment purposes. This rule has been revised in 2014 to include three types of impeachment of defendant-prior conviction: 1. Impeachment by Evidence of Conviction of Crime: This type of impeachment allows the introduction of evidence of a defendant's prior criminal convictions such as felonies and misdemeanors to impeach the defendant's credibility. 2. Impeachment by Evidence of a Felony Sentence: This type of impeachment allows the introduction of evidence of a defendant's past felony sentences, such as prison or probation, to impeach the defendant's credibility. 3. Impeachment by Evidence of a Misdemeanor Sentence: This type of impeachment allows the introduction of evidence of a defendant's past misdemeanor sentences, such as fines or community services, to impeach the defendant's credibility. All three types of impeachment of defendant-prior conviction are governed by Federal Rules of Evidence (F.R.E. 609).
Impeachment of Defendant - Prior Conviction (F.R.E. 609) (revised 2014)
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FAQ
By Rule 609(a) to impeach in civil cases, because Rule 609(a)(1) balancing process applies only to criminal defendants).
The balancing test protects civil litigants, the government in criminal cases, and the defendant in a criminal case who calls other witnesses. The amendment addresses prior convictions offered under Rule 609, not for other purposes, and does not run afoul, therefore, of Davis v. Alaska, 415 U.S. 308 (1974).
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
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.
A crime of moral turpitude is one that involves dishonesty, fraud, deceit, misrepresentation, or deliberate violence. Moral turpitude has been defined as: ? Anything done knowingly contrary to justice, honesty, principle, or good morals.
Article VI. Witnesses. (a) General Rule - For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime may be admitted if the following procedures and conditions are satisfied: (1) The witness must be asked about the conviction on cross-examination.
(f) Notice. Evidence of a witness's conviction is not admissible under this rule if, after receiving from the adverse party a timely written request specifying the witness, the proponent of the conviction fails to provide sufficient written notice of intent to use the conviction.
With regard to the discretionary standard established by paragraph (1) of rule 609(a), the Conference determined that the prejudicial effect to be weighed against the probative value of the conviction is specifically the prejudicial effect to the defendant.