Impeachment of Defendant — Prior Conviction (F.R.E. 609) (revised 2014) is a rule of evidence that allows a party to introduce evidence of a criminal conviction of a witness to attack the witness’s credibility. This rule, which is found in Federal Rule of Evidence 609, has been revised effective December 1, 2014. The revised rule provides two types of impeachment of a defendant by prior conviction: (1) general impeachment and (2) impeachment for a crime of dishonesty or false statement. General impeachment allows for the introduction of a prior criminal conviction for any crime, regardless of its nature. The conviction may be used to attack the witness’s credibility, and the court must consider the nature and seriousness of the offense, the time that has passed since the conviction, and the witness’s subsequent conduct. Impeachment for a crime of dishonesty or false statement allows for the use of a prior conviction for a crime involving dishonesty or false statement, such as perjury, making false statements, forgery, or fraud. These convictions are given special consideration by the court and are more likely to be admitted as evidence. Overall, Impeachment of Defendant — Prior Conviction (F.R.E. 609) (revised 2014) allows a party to introduce evidence of a criminal conviction of a witness to attack the witness’s credibility in two ways: general impeachment and impeachment for a crime of dishonesty or false statement.
Impeachment of Defendant - Prior Conviction (F.R.E. 609) (revised 2014)
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FAQ
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.
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.
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.
(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.
Key Concepts. Evidence that a witness has been convicted of a felony or a Class A1, 1, or 2 misdemeanor may be introduced through the witness's own testimony or through court records to impeach the witness's credibility. Convictions less than 10 years old must be admitted.
Impeachment is the process of introducing circumstantial evidence that suggests to the jury a likelihood that the witness does not understand the need to tell the truth, is mistaken, is incomplete, or is lying.
If a federal official commits a crime or otherwise acts improperly, the House of Representatives may impeach?formally charge?that official. If the official subsequently is convicted in a Senate impeachment trial, he is removed from office.
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.