When may a party impeach a witness with a prior conviction?

When may a party impeach a witness with a prior conviction?

• A. Only if the conviction occurred within the last year
• B. Never
• C. The conviction may be admitted if it is for a crime involving dishonesty or false statement, or after balancing probative value against unfair prejudice under Rule 609
• D. It is allowed for any conviction

Answer: (C)

Impeachment by a prior conviction follows Rule 609. If the crime involves dishonesty or a false statement (for example, fraud or perjury), that conviction can be admitted to impeach a witness, regardless of how long ago it happened. For other offenses, the court must balance the conviction’s probative value against the risk of unfair prejudice under the Rule 609 balancing framework, which also includes time-based considerations (older convictions are less likely to be admitted unless their probative value substantially outweighs prejudicial effect). So, the best choice reflects both pathways: use a dishonesty/false-statement crime, or apply the balancing test under Rule 609. The other options fail because they either impose incorrect time limits, deny impeachment altogether, or allow any conviction without these controls.

Impeachment by a prior conviction follows Rule 609. If the crime involves dishonesty or a false statement (for example, fraud or perjury), that conviction can be admitted to impeach a witness, regardless of how long ago it happened. For other offenses, the court must balance the conviction’s probative value against the risk of unfair prejudice under the Rule 609 balancing framework, which also includes time-based considerations (older convictions are less likely to be admitted unless their probative value substantially outweighs prejudicial effect).

So, the best choice reflects both pathways: use a dishonesty/false-statement crime, or apply the balancing test under Rule 609. The other options fail because they either impose incorrect time limits, deny impeachment altogether, or allow any conviction without these controls.