Rule 609: Use of Convictions to Attack Credibility.

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Presentation transcript:

Rule 609: Use of Convictions to Attack Credibility

Problem 8 Problem 8: Your Flow Charts

One Possible Flow Chart

Flow Chart 1 Conviction offered to impeach witness Is Witness the Accused Accused Rules Regular Rules NoYes

Flow Chart 2 Conviction of Non-Accused Yes Crime of Dishonesty? No Yes No Felony? Pass 403? Admit subject to Exceptions (b) - (d) Exclude

Flow Chart 3 Conviction of Accused Yes Crime of Dishonesty? No Yes No Felony? Special Balance Admit subject to Exceptions (b) - (d) Exclude

Admit Exclude 403 Balancing

Admit Exclude Special 609(a)(1) Balancing

Admit Exclude Regular 403 Balancing Exclude Special 609(a)(1) Balancing

Rule 403 reflects a strong preference for admission

Rule 609(a)(1) reflects a weak preference for exclusion

Flow Chart 4 Old Conviction Admit subject to Exceptions (b) - (d) Exclude >10 yrs since conviction ? >10 yrs since release ? Passes Special 609(b) Balance ? Yes No Yes No

Admit Exclude 403 Balancing

Admit Exclude Special 609(b) Balancing

Admit Exclude Regular 403 Balancing Exclude Special 609(b) Balancing Exclude

Rule 403 reflects a strong preference for admission

Rule 609(b) reflects a strong preference for exclusion

Flow Chart 5 Pardon No Pardon? Restore Rights Yes Type of Pardon Admit Subject to Exception (d) Exclude Innocence Rehabilitation Stayed Clean YesNo

Flow Chart 6 Juvenile Convictions Admit Exclude Yes NoYes No Was it a juvenile conviction ? Current case criminal ? Is witness the accused ? Admit Yes No Admission Necessary for Fair Trial No Yes OK to attack credibility of adult ?