Evidence: Impeachment by Evidence of a Criminal Conviction
first Edition

Evidence: Impeachment by Evidence of a Criminal Conviction

by Colin Miller

This material is about Federal Rule of Evidence 609: Impeachment by Evidence of Criminal Conviction. The goal of the party in impeaching a witness is to use the witness’s prior conviction(s) to prove that the witness has a propensity to be deceitful and that the witness is likely acting in conformity with that propensity by lying on the witness stand and/or when making a prior statement admitted at trial to prove the truth of the matter asserted. This material will enable the student to understand FRE 609. 

Professor Miller teaches Evidence, Criminal Procedure, Criminal Law, and Civil Procedure. He is the creator and Blog Editor of EvidenceProf Blog (http://lawprofessors.typepad.com/evidenceprof/), a member of the Law Professor Blogs Network. He is the Editor of Illinois Criminal Procedure and drafted a 100 page report comparing the Federal Rules of Evidence to Illinois evidentiary principles, which was used in the creation of the first Illinois Rules of Evidence.

Professor Miller received his B.A. degree with distinction from the University of Virginia and his J.D. (Order of the Coif) from the William & Mary Law School.

Colin Miller, Impeachment by Evidence of a Criminal Conviction, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License.

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Introduction. Evidence: Impeachment by Evidence of a Criminal Conviction
Introduction.1 - About the Author
Introduction.2 - Notices
Introduction.3 - About CALI eLangdell Press
Chapter One. Impeachment by Evidence of a Criminal Conviction (Rule 609)
1.1 - An Introduction to Impeachment Evidence
1.2 - The Rule
1.3 - Historical Origins
1.4 - Federal Rule of Evidence 609
1.4.1 - A. Passage of Rule 609
1.4.2 - B. Federal Rule of Evidence 609(c)
1.4.3 - C. Federal Rule of Evidence 609(d)
1.4.4 - D. Federal Rule of Evidence 609(a)(2)
1.4.5 - E. Federal Rule of Evidence 609(a)(1)
1.4.6 - F. Federal Rule of Evidence 609(b)
1.4.7 - G. Rule 609 Flowchart
1.4.8 - H. Other Aspects of Rule 609 & Constitutional Considerations
1.5 - Conviction Impeachment Motions: