Impeachment of Defendant - Prior Conviction (F.R.E. 609) (revised 2014)

• Category: Federal - Jury Instructions - 5th Circuit - Civil - Consideration Particular Kinds Evidence
• State: Multi-State
• Control #: US-3RDCIR-4-36-CR
• Format: Word

Description

Impeachment of Defendant - Prior Conviction (F.R.E. 609) (revised 2014) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions 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) 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.