This article addresses the scope of impeachment under 609(a)(1) which allows impeachment of witnesses by prior felony convictions subject to a balancing test. It discusses the different standards of balancing for ordinary witnesses as compared to criminal defendants and the factors that should be considered in such balancing.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-70; GWU Legal Studies Research Paper No. 2018-70
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §6.31 Excluding Felonies for Unfair Prejudice (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §6.31 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-70; GWU Legal Studies Research Paper No. 2018-70. Available at SSRN: https://ssrn.com/abstract=3277064