FRE · Rule 609

FRE Rule 609

Quick Answer

What is FRE Rule 609?

FRE Rule 609 governs the admissibility of evidence regarding a witness's prior convictions to challenge their credibility. It establishes specific conditions under which such evidence can be introduced in both civil and criminal cases.

Source: FRE Rule 609

Official Text
For the purpose of attacking the character for truthfulness of a witness, evidence that a witness has been convicted of a crime shall be admitted, subject to the following limitations: (1) For a crime that was punishable by death or imprisonment in excess of one year, the evidence may be admitted only if the court determines that the probative value of the evidence outweighs its prejudicial effect to the accused. (2) For any crime involving dishonesty or false statement, the evidence must be admitted regardless of the punishment.
Plain Language

FRE Rule 609 allows courts to consider a witness's prior convictions when assessing their credibility. It specifies that convictions for serious crimes may require the court to weigh their relevance against their potential to unfairly prejudice the jury.

Purpose

The purpose of FRE Rule 609 is to balance the need for relevant evidence regarding a witness's credibility with the need to protect against unfair prejudice that could arise from admitting such evidence.

Key Provisions

Subsection (a)(1)

This subsection states that felony convictions punishable by imprisonment for more than one year may be admitted only if their probative value outweighs prejudicial effects.

Subsection (a)(2)

This subsection allows for the admission of evidence regarding crimes involving dishonesty or false statements, regardless of the length of punishment.

Subsection (b)

This subsection limits the admissibility of convictions older than ten years unless specific conditions are met.

Practice Notes
  • Be prepared to argue for or against the admissibility of prior convictions based on relevance and prejudice.
  • Understand the difference in treatment between felonies and misdemeanors under this rule.
  • Consider the implications of a witness's prior convictions on the overall case strategy.
Landmark Cases

Lohmeier v. State

This case illustrated the application of Rule 609, where the court evaluated the prejudicial versus probative value of the witness's prior convictions.

United States v. Abel

In this case, the court discussed the criteria for admitting evidence of prior convictions and reinforced the importance of context when considering credibility.

Exam Tip

FRE Rule 609 is commonly tested on exams in relation to witness credibility and evidentiary objections; make sure to analyze both probative value and potential prejudice when answering questions regarding this rule.

Related Rules
  • fre-rule-404
  • fre-rule-403

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