Impeachment by Prior Conviction (Defendant's Testimony) is a legal tactic used by prosecutors in criminal cases to discredit the testimony of a defendant. This tactic involves introducing evidence that the defendant has been convicted of a prior felony. The evidence is introduced in order to raise doubts in the minds of the jurors as to the defendant's credibility. This tactic can be used to impeach the defendant's credibility as a witness, as the jury may infer that the defendant is prone to lying or has low moral character. There are three types of Impeachment by Prior Conviction (Defendant's Testimony): Collateral Impeachment, Direct Impeachment, and Impeachment of Character. Collateral Impeachment is the introduction of evidence of a prior conviction to show that the defendant is not credible. Direct Impeachment involves using the prior conviction to challenge the truthfulness of the defendant's testimony. Lastly, Impeachment of Character involves introducing evidence of the defendant's prior convictions to prove that the defendant has a history of immoral behavior and thus is not worthy of belief.
Impeachment by Prior Conviction (Defendant's Testimony)
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FAQ
Any party may impeach the credibility of any witness with evidence suggesting that the witness's direct testimony is unworthy of belief.
Repeat. First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. You cannot effectively impeach unless the witness repeats a fact they said during the current hearing that clearly contradicts a prior statement.
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.
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.
Evidence of the conviction is admissible only if: (1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and (2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its
Although the rule does not forbid all use of convictions to impeach a defendant, it requires that the government show that the probative value of convictions as impeachment evidence outweighs their prejudicial effect.
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.