UCMJ Defense MRE 609: Prior Convictions and their use in cross examination

April 16, 2010

Limitations on Rule 609: Prior Convictions and their use in cross examination Conviction are usually inadmissible if more than 10 years old. Might be admitted when: Interests of justice require; probative value substantially outweighs prejudicial effect; proponent serves other party with notice. Although not specifically stated in this rule, many commentators believe the ten year [...]

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Washington DC Court Martial Attorney: Impeachment by evidence of conviction of crime

April 15, 2010

Washington DC Court Martial Attorney: Impeachment by evidence of conviction of crime This method of impeachment can be made during cross-examination, by extrinsic evidence, or both. A vital element in the analysis is the kind of offense for which the witness was convicted. Crimen falsi convictions include crimes such as perjury, false statement, fraud, or [...]

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Military Rule of Evidence 609 – How to Impeach a court martial witness

April 15, 2010

Military Rule of Evidence 609 – How to Impeach a court martial witness by evidence of conviction of crime For the purpose of questioning the credibility of the witness, (1) evidence that a witness besides the accused has been convicted of a crime shall be admitted, subject to rule 403, where the crime was punishable [...]

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Rule 608 Bias as the basis of impeachment in a court martial

April 15, 2010

Rule 608 Bias as the basis of impeachment in a court martial Bias, prejudice, or any motive to misrepresent can be shown to impeach the witness either by examination of the witness or by evidence otherwise adduced. Ulterior motives are never collateral and may be proved extrinsically. Rules should be read to allow liberal admission [...]

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Collateral Fact Rule: Court Martial Trial Attorney

April 13, 2010

Collateral Fact Rule: Court Martial Trial Attorney The Collateral Fact Rule is applicable to impeachment as per Rule 608(b) and the cross-examination of a character witness under Rule 405(a). If the rule is not applicable, the cross-examiner may question the witness and offer extrinsic evidence. This rule does not apply to: (a) Bias under Rule [...]

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