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Rule 609: Use of Convictions to Attack Credibility

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. Yes. No. Accused Rules. Regular Rules. Conviction of Non-Accused. Flow Chart 2. Yes. No.

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Rule 609: Use of Convictions to Attack Credibility

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  1. Rule 609:Use of Convictions to Attack Credibility

  2. Problem 8 Problem 8: Your Flow Charts

  3. One Possible Flow Chart

  4. Flow Chart 1 Conviction offered to impeach witness Is Witness the Accused Yes No Accused Rules Regular Rules

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

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

  7. 403 Balancing Exclude Admit 1 Admit 4 Admit 3 5 Admit 2

  8. Special 609(a)(1) Balancing Exclude Exclude Admit 1 4 Exclude 3 5 Admit 2

  9. Regular 403 Balancing Special 609(a)(1) Balancing Admit Admit Exclude Exclude Admit 1 4 Exclude 3 5 Admit 2

  10. Rule 403 reflects a preference strong for admission

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

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

  13. 403 Balancing Exclude Admit 1 Admit 4 Admit 3 5 Admit 2

  14. Special 609(b) Balancing Exclude Exclude Admit 1 4 Exclude 3 5 2 Exclude

  15. Regular 403 Balancing Special 609(b) Balancing Admit Admit Exclude Exclude Admit 1 4 Exclude 3 5 Exclude Admit 2

  16. Rule 403 reflects a preference strong for admission

  17. Rule 609(b) reflects a preference strong for exclusion

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

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

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