WCL - Home  
    AU | Search | Site Map | Contact  
ARTICLE VI. WITNESSES

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Rule 602
Rule 608
Rule 609
Rule 612
Rule 613
Rule 616
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 609. Impeachment by Evidence of Conviction of Crime [changes highlighted]

       (a) General Rule For the purposes of attacking the credibility of a witness,

          (1) evidence that a witness other than the accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and

          (2) evidence that any witness has been convicted of a crime, shall be admitted if it involved an element of dishonesty or false statement, regardless of the punishment.

Click here to see commentary on Revised Article 609(a).

       (b) Time Limit. [no revision]

       (c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction [is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction] that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence is not admissible under this rule.

Click here to see commentary on Revised Article 609(c).

       (d) Juvenile adjudications. [no revision]

       (e) Pendency of appeal. [no revision]


Revised Rule 609. Impeachment by Evidence of Conviction of Crime [clean copy]

       (a) General Rule For the purposes of attacking the credibility of a witness,

          (1) evidence that a witness other than the accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and

          (2) evidence that any witness has been convicted of a crime, shall be admitted if it involved an element of dishonesty or false statement, regardless of the punishment.

       (b) Time Limit. [no revision]

       (c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence is not admissible under this rule.

       (d) Juvenile adjudications. [no revision]

       (e) Pendency of appeal. [no revision]

E-MAIL YOUR COMMENTS