Bar Exam — MBE (Multistate Bar Exam)EvidenceMedium
During a personal injury trial, the plaintiff calls a witness who testifies that she saw the defendant's car run a red light. On cross-examination, the defendant's attorney attempts to introduce evidence that the witness was convicted of perjury five years ago. How should the court rule on the admissibility of this conviction?
- AAdmit the conviction, as it is a crime involving dishonesty and is less than ten years old.
- BAdmit the conviction, as all felony convictions are admissible for impeachment.
- CExclude the conviction, as it does not involve violence.
- DExclude the conviction, as it is unfairly prejudicial and not relevant to the current case.
Show answer & explanationAnswer & explanation
Correct answer: A. Admit the conviction, as it is a crime involving dishonesty and is less than ten years old.
Under FRE 609(a)(2), evidence of a criminal conviction is admissible for impeachment if the crime required proving a dishonest act or false statement, regardless of the punishment. Perjury is a crime directly involving dishonesty, and since it occurred within the ten-year limit (FRE 609(b)), it is admissible.
Why the other options are wrong
- B. Not all felony convictions are automatically admissible. Felonies not involving dishonesty are subject to a balancing test (FRE 609(a)(1)). Perjury falls under the dishonesty category.
- C. The nature of the crime (violence vs. dishonesty) is crucial. Perjury's relevance to credibility stems from its inherent dishonesty, not violence.
- D. For crimes involving dishonesty or false statement, the balancing test of FRE 403 (unfair prejudice) does not apply. These convictions are automatically admissible.
Impeachment by Prior Conviction (FRE 609)
Evidence of a criminal conviction may be admissible to attack a witness's character for truthfulness, subject to specific rules regarding the type of crime and the age of the conviction.
- Crimes of dishonesty/false statement (perjury, fraud): always admissible (subject to 10-year limit).
- Felonies (punishable by death or >1 year imprisonment) not involving dishonesty: admissible if probative value outweighs prejudicial effect (for non-defendant witnesses) or if it passes a stricter balancing test (for defendant witnesses).
- Conviction must generally be within 10 years of release or conviction date.
Memory trick: Impeach a Witness: 'C.O.N.T.R.A.D.I.C.T.' their story!