Impeachment of defendant by prior conviction is a legal procedure used by prosecutors to discredit a defendant’s testimony in a criminal trial. It is a way of showing that the defendant has a prior history of criminal behavior, which can be used to argue that the defendant is not a credible witness and therefore should not be believed. The two types of impeachment of defendant by prior conviction are (1) direct impeachment, which involves introducing evidence of the defendant’s prior criminal convictions to the jury; and (2) indirect impeachment, which involves introducing evidence of the defendant’s prior bad acts, such as prior criminal behavior, to the jury. In either case, the jury can consider the evidence to determine whether the defendant’s testimony should be believed or not.
IMPEACHMENT OF DEFENDANT BY PRIOR CONVICTION
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FAQ
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.
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 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.
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.
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.
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.
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.