AL Bar Practice Questions - Alabama Bar Examination Exam

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A witness testifies at trial. The opposing party seeks to impeach the witness with a prior felony conviction for fraud that is eight years old. Under FRE 609, how should the court treat this impeachment evidence?

It is automatically excluded because the conviction is more than five years old It is admissible only if the witness is the criminal defendant Because the crime involved dishonesty (a crime of falsity), it is admissible regardless of the Rule 403 balancing, subject to the 10-year limit Convictions can never be used to impeach a witness

Correct Answer:

Because the crime involved dishonesty (a crime of falsity), it is admissible regardless of the Rule 403 balancing, subject to the 10-year limit

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