LAW 682 Lecture Notes - Lecture 4: Forego, Centrality
Document Summary
Misconduct (fre 608(b)(1)) and prior convictions (fre 609) Rule 608-cross-examining witnesses about non-conviction misconduct (b) specific instances of conduct. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or. Need good faith belief that incident occurred (rests on some evidence) Under fre 608(b), a party is permitted to cross-examine a witness about non- conviction misconduct that bears on the witness"s untruthful character. Impeachment by evidence of a criminal conviction (a) in general. The following rules apply to attacking a witness"s character for truthfulness by evidence of a criminal conviction: (1) for a felony, the evidence: - readily determinable -not require judge to delve into entire trial transcript- only need to look at judgement, indictment, jury instructions. 2 (b) limit on using the evidence after 10 years.
