Will the Most Controversial Rule of Evidence be Reformed?

Document Type

Essay

Publication Title

The Appeal

Publication Date

12-6-2017

Abstract

(Excerpt)

To most, the Federal Rules of Evidence may seem esoteric. But how the rules draw evidentiary boundaries between admissible and inadmissible information matters quite a bit, both for litigants and for our justice system.

Federal Rule of Evidence 609 is a case in point.

Rule 609 allows attorneys to impeach criminal defendants (and other witnesses) with their convictions: to inform the jury, in other words, about these convictions for the asserted purpose of challenging the witness’s truthfulness. This form of impeachment has been called a “charade,” a “hoax,” “discriminatory and unfair,” and critics have urged its reform or abolition since its enactment in 1975. And yet, this rule has persisted, without significant alteration.

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