Impeachment By Means Of Prior Convictions

A.

FRE 609 governs the admission of prior convictions in the federal courts, and has been adopted by many states.

B.

FRE 609(b) provides for the admission of evidence that any witness has been convicted of a crime that involved dishonesty or false statements.

C.

FRE 609(a) distinguishes between impeachment of witness and impeachment of defendants

1. Witnesses:
evidence of a witness’s prior conviction shall be admitted if

a. The prior conviction carried a possible punishment of at least one year of incarceration.

b. The evidence satisfies the 403 balancing test.

c. The accused: evidence of a the accused’s prior conviction shall be admitted if

i. The prior conviction carried a possible punishment of at least one year of incarceration; and,
ii. The court determines that the probative value of the evidence of prior conviction outweighs its prejudicial effect on the defendant.