4.6 Impeachment, Prior Conviction of Defendant is a legal term that refers to the use of prior convictions of a defendant in a criminal trial to discredit their character or credibility. This type of impeachment is used when a defendant has been convicted of a crime in the past and the current criminal trial is related to the same crime or a similar one. The prior conviction may be used to demonstrate that the defendant has a history of criminal behavior or that they are likely to repeat criminal behavior. There are two types of 4.6 Impeachment, Prior Conviction of Defendant: direct and indirect. In direct impeachment, the prior conviction is presented directly to the jury in order to support the prosecution's case. In indirect impeachment, the prior conviction is used to counteract the defendant's testimony or to cast doubt on the credibility of their testimony.
4.6 Impeachment, Prior Conviction of Defendant
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Prior Convictions: What Are They? A past conviction occurs when a person is being tried for a crime, yet their record shows they have already been found guilty and sentenced for a prior offense. This could, in many cases, mean that the person is already convicted of the offense for which they are currently on trial.
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.
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.
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.
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.
Impeachment by Evidence of A Criminal Conviction.