Impeachment of a witness by prior conviction (F.R.E. 609) is a legal procedure that allows a lawyer to challenge the credibility of a witness by introducing evidence of a previous criminal conviction of that witness. This procedure is allowed under Federal Rule of Evidence 609, which states that evidence of a witness's prior conviction for a crime that is punishable by death or imprisonment in excess of one year may be admissible for the purpose of attacking the credibility of the witness. There are two types of impeachment of witness by prior conviction: direct impeachment and indirect impeachment. Direct impeachment involves introducing evidence of the witness's prior conviction to the jury, while indirect impeachment involves questioning the witness about the prior conviction without introducing evidence of the conviction. In either case, the court must determine whether the probative value of the prior conviction outweighs its prejudicial effect.
Impeachment of Witness - Prior Conviction (F.R.E. 609)
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FAQ
Impeachment by Evidence of A Criminal Conviction.
Under Rule 609(d) the court has the discretion to allow impeachment of a witness, other than a criminal defendant, by a prior juvenile adjudication if the judge determines that it is necessary. The court's discretion extends only to witnesses other than the accused in a criminal case.
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.
(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.
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.
How Do Lawyers Impeach a Witness? Impeaching a Witness Through Prior Inconsistent Statements.Impeaching a Witness by Showing Bias or Personal Interest.Impeaching a Witness With Character or Reputation Evidence.Impeaching a Witness Who Has a Criminal Conviction.
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 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.