Limiting the Government’s Ability to Impeach Clients with Prior Convictions

‘Substantial’ Developments to Federal Rule of Evidence 609

Judges often allow prosecutors to impeach testifying criminal defendants with prior felony convictions unrelated to dishonesty under FRE 609. Fortunately, the Advisory Committee on Evidence Rules has proposed an amendment to the rules that would strengthen the admissibility test, making it harder for the government to use marginally probative convictions to impeach a testifying defendant.