Festify unexpected character ecountered10/3/2023 151, 348 F.2d 763 (1965) McGowan, Impeachment of Criminal Defendants by Prior Convictions, 1970 Law & Soc. Uniform Rule 21 and Model Code Rule 106 permit only crimes involving “dishonesty or false statement.” Others have thought that the trial judge should have discretion to exclude convictions if the probative value of the evidence of the crime is substantially outweighed by the danger of unfair prejudice. This is the view accepted by Congress in the 1970 amendment of §14–305 of the District of Columbia Code, P.L. The weight of traditional authority has been to allow use of felonies generally, without regard to the nature of the particular offense, and of crimen falsi without regard to the grade of the offense. See McCormick §43 2 Wright, Federal Practice and Procedure Criminal §416 (1969). There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable for this purpose. Notes of Advisory Committee on Proposed RulesĪs a means of impeachment, evidence of conviction of crime is significant only because it stands as proof of the commission of the underlying criminal act. Evidence of the pendency is also admissible. A conviction that satisfies this rule is admissible even if an appeal is pending. (4) admitting the evidence is necessary to fairly determine guilt or innocence. (3) an adult’s conviction for that offense would be admissible to attack the adult’s credibility and (2) the adjudication was of a witness other than the defendant Evidence of a juvenile adjudication is admissible under this rule only if: (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year or Evidence of a conviction is not admissible if: (c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. (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 use. (1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect and Evidence of the conviction is admissible only if: This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. (b) Limit on Using the Evidence After 10 Years. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness’s admitting - a dishonest act or false statement. (B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant and (A) must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defendant and (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:
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