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 limitation applies to crimen falsi as well as non crimen falsi convictions.
Juvenile adjudications are generally inadmissible except when necessary for a fair resolution of the case, and evidence would have been admissible when witness previously had been tried as an adult. Juvenile proceedings may be used against an accused in rebuttal when he testifies that his record is clean. See United States v Kindler, 34 CMR 174 (C.M.A. 1964). Evidence of juvenile adjudications is usually not admissible according to this rule. The military judge, however, can allow evidence of a juvenile adjudication of a witness besides the accused if conviction of the offense would be admissible to challenge the credibility of an adult and the military judge is convinced that admission in evidence is necessary for a fair determination of the issue of guilt or innocence. For purposes of this rule, there is a conviction in a court-martial case where a sentence has been adjudged.
Summary courts-martial are permitted only when the accused was represented by counsel or representation was affirmatively waived. See United States v. Rogers, 17 M.J.990 (A.C.M.R. 1984)
Court Martial Lawyer Michael Waddington represents Army, Navy, Air Force and Marine Corps servicemembers facing UCMJ actions.
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