Bar Exam — MBE (Multistate Bar Exam)EvidenceEasy
In a civil lawsuit for personal injury arising from a car accident, the plaintiff calls a witness to testify that she saw the defendant run a red light. On cross-examination, the defendant's attorney asks the witness, 'Isn't it true that you were convicted of perjury five years ago?' The plaintiff's attorney objects. How should the court rule?
- AOverruled, because any felony conviction can be used for impeachment.
- BSustained, because perjury is not a crime involving dishonesty or false statement.
- CSustained, because the conviction is more than 10 years old.
- DOverruled, because perjury is a crime involving dishonesty or false statement and is admissible for impeachment.
Show answer & explanationAnswer & explanation
Correct answer: D. Overruled, because perjury is a crime involving dishonesty or false statement and is admissible for impeachment.
Perjury is a crime directly involving dishonesty or false statement. Under FRE 609(a)(2), evidence of such a conviction must be admitted for impeachment purposes, regardless of the punishment or other balancing tests, provided it's within the 10-year limit.
Why the other options are wrong
- A. Not all felony convictions are automatically admissible. Those not involving dishonesty or false statement are subject to a balancing test under FRE 609(a)(1).
- B. Perjury is definitively a crime involving dishonesty or false statement.
- C. The conviction is only five years old, well within the 10-year limit for most convictions under FRE 609(b).
Impeachment by Prior Conviction (FRE 609)
Witness credibility may be attacked by evidence of a criminal conviction if the crime was a felony or involved dishonesty/false statement, subject to certain time limits and balancing tests.
- Crimes involving dishonesty or false statement (e.g., perjury, fraud) are generally admissible regardless of felony status, subject to time limits.
- Felonies not involving dishonesty are admissible against a witness if the probative value outweighs the prejudicial effect to the defendant (in criminal cases) or under FRE 403 (in civil cases).
- Evidence of conviction is generally not admissible if more than 10 years have passed since the conviction or release from confinement, whichever is later, unless its probative value substantially outweighs its prejudicial effect.
Memory trick: Credibility Can Be Questioned By Prior Statements, Bad Acts, or Convictions.