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 embezzlement, which involve deceitfulness or untruthfulness bearing on the witnesses propensity to testify truthfully. For crimen falsi crimes, the maximum punishment is irrelevant and the military judge has to admit proof of the conviction.
Non crimen falsi crimes refer to convictions for offenses punishable by death, dishonorable discharge, or imprisonment more than one year according to the law of the prosecuting jurisdiction. The key is the maximum punishment the witness faced, not the actual punishment the witness received.
Admissibility of non crimen falsi convictions of witnesses is regulated by Rule 403. The military judge can disallow this evidence if the probative value is significantly exceeded by unfair prejudice.
Admissibility of non crimen falsi convictions of the accused is more restrictive than Rule 403. Convictions are admissible only when the military judge holds the probative value exceeds the prejudicial effect. See United States v. Ross, 44 M.J. 534 (A.F. Ct. Crim. App. 1996).
Court Martial Lawyer Michael Waddington represents Army, Navy, Air Force and Marine Corps servicemembers facing UCMJ actions.
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