Evidence Question about Rule 609...

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jd20132013
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Joined: Sat Oct 09, 2010 4:41 pm

Evidence Question about Rule 609...

Postby jd20132013 » Thu Mar 15, 2012 2:49 pm

So, confused about 609, two questions, both connected

Question 1:
609(a)(1)(A) states that a evidence of a felony must be admitted subject to 403 in "a civil case or in a criminal case in which the witness is not a defendant." Does "in which the witness is not a defendant" modify only "a criminal case" or also "a civil case"? To put it another way, must evidence of a felony be admitted subject to 403 in all civil cases or only in civil cases where the witness is not a defendant?
To my understanding, the natural reading of it was "in a civil case , or in a criminal case in which the witness is not a defendant. but I was doing a CALI problem that seemed to indicate that that implied comma isn't there and that the mandatory admission subject to 403 applies only to civil cases where the witness is not a defendant.


Question 2:
What does Rule 609 prescribe for admitting evidence of a felony when the witness is a defendant in a civil case? Under 609(a)(1)(b), When the witness is a defendant in a criminal case, the evidence must be admitted if probative value outweighs prejudicial effect - but the rule doesn't speak about when the witness is a defendant in a civil case. This question is moot if the answer to my first question is "evidence of a felony must be admitted subject to 403 in all civil cases."

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Detrox
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Re: Evidence Question about Rule 609...

Postby Detrox » Thu Mar 15, 2012 6:18 pm

jd20132013 wrote:So, confused about 609, two questions, both connected

Question 1:
609(a)(1)(A) states that a evidence of a felony must be admitted subject to 403 in "a civil case or in a criminal case in which the witness is not a defendant." Does "in which the witness is not a defendant" modify only "a criminal case" or also "a civil case"? To put it another way, must evidence of a felony be admitted subject to 403 in all civil cases or only in civil cases where the witness is not a defendant?
To my understanding, the natural reading of it was "in a civil case , or in a criminal case in which the witness is not a defendant. but I was doing a CALI problem that seemed to indicate that that implied comma isn't there and that the mandatory admission subject to 403 applies only to civil cases where the witness is not a defendant.


Question 2:
What does Rule 609 prescribe for admitting evidence of a felony when the witness is a defendant in a civil case? Under 609(a)(1)(b), When the witness is a defendant in a criminal case, the evidence must be admitted if probative value outweighs prejudicial effect - but the rule doesn't speak about when the witness is a defendant in a civil case. This question is moot if the answer to my first question is "evidence of a felony must be admitted subject to 403 in all civil cases."


Pretty sure this question is about Green v. Boch Laundry. Read it for a class that wasn't evidence but you'll probably want to check that case out rather than struggling with the admittedly ambiguous text.

jd20132013
Posts: 997
Joined: Sat Oct 09, 2010 4:41 pm

Re: Evidence Question about Rule 609...

Postby jd20132013 » Thu Mar 15, 2012 7:02 pm

Hm. I'll look it up, but we didn't cover that case in class.




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