Bar Exam — MBE (Multistate Bar Exam)EvidenceEasy
During a criminal trial for robbery, the prosecution calls a witness, a store clerk, who testifies that she saw the defendant grab money from the till and run out. On cross-examination, the defense attorney asks the clerk if she has ever been convicted of shoplifting. The clerk denies it. The defense attorney then seeks to introduce a certified copy of a conviction showing the clerk was convicted of shoplifting five years ago. Is this evidence admissible?
- ANo, because specific instances of conduct are not admissible to attack a witness's character for truthfulness.
- BYes, because it shows the witness's propensity to commit crimes.
- CYes, because a conviction for shoplifting is a crime involving dishonesty and false statement.
- DNo, because the conviction is more than ten years old.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, because a conviction for shoplifting is a crime involving dishonesty and false statement.
Under Federal Rule of Evidence 609, evidence of a criminal conviction is admissible to attack a witness's character for truthfulness if the crime was punishable by death or imprisonment for more than one year, or if it involved dishonesty or false statement. Shoplifting is generally considered a crime involving dishonesty.
Why the other options are wrong
- A. This is incorrect. While specific instances of conduct are generally not admissible to attack character for truthfulness, there is an exception for convictions under FRE 609.
- B. This is incorrect. Character evidence is generally not admissible to prove propensity to commit crimes; it is used to attack credibility here.
- D. This is incorrect. The conviction is five years old, which is within the ten-year limit of FRE 609(b).
Impeachment by Prior Conviction (FRE 609)
Evidence of a criminal conviction may be admissible to attack a witness's character for truthfulness under certain conditions.
- Crimes punishable by death or imprisonment for more than one year are generally admissible (subject to balancing test for non-defendant witnesses).
- Crimes involving dishonesty or false statement are always admissible.
- Convictions are generally inadmissible if more than 10 years have passed since the conviction or release from confinement, whichever is later.
Memory trick: Convictions Can Cut Credibility Clearly.