Impeachment Prior Conviction (Witness Other Than Defendant) is a legal term used to refer to the process of challenging the credibility of a witness in a criminal case by introducing evidence that the witness has been convicted of a prior crime. This type of impeachment is distinct from the impeachment of a defendant, which involves introducing evidence of the defendant's prior convictions. There are three main types of impeachment prior conviction (witness other than defendant): 1. Collateral Estoppel: This type of impeachment involves introducing evidence that the witness has already been found guilty of a crime in a prior case. This type of impeachment is used to demonstrate that the witness is not credible because they have been found guilty of a prior crime. 2. Similar Fact Evidence: This type of impeachment involves introducing evidence of a prior crime that is similar to the crime for which the witness is testifying. This type of impeachment is used to show that the witness is not credible because they have engaged in criminal activity similar to what is being alleged in the current case. 3. Character Evidence: This type of impeachment involves introducing evidence of the witness's character or reputation in order to show that they are not credible. This type of impeachment is used to demonstrate that the witness is not credible because their character and reputation suggest that they may be untruthful.
Impeachment Prior Convition (Witness Other Than Defendant)
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FAQ
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
To impeach, the attorney must be able to show witness's motivation, bias, prejudice, or interest in case outcome, as well as a general reputation for untruthfulness or lack of credibility.
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.
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.
A witness's credibility may be impeached by any party with a good faith basis for making the impeachment, including the party that called the witness.
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.