4.36 Impeachment of Defendant - Prior Conviction (F.R.E. 609) You heard evidence that the defendant was previously convicted (name) of crime(s). You may consider evidence of previous conviction (a) (his)(her) only to decide whether to believe testimony and how much weight to (name)’s give it. That evidence does not mean that committed the crime(s) (name) charged here, and you must not use that evidence as any proof of the crime(s) charged in this case. [That evidence may not be used in any way at all in connection with the other defendant(s)]. Comment Eighth Circuit § 2.16. For variations, et al., supra, §§ 11.12 and See see O’Malley 15.08; Sand et al., supra, 7-13; Federal Judicial Center § 41; First Circuit § 2.04; Fifth Circuit § 1.11; Sixth Circuit § 7.05A; Seventh Circuit § 3.05; Ninth Circuit § 4.6; and Eleventh Circuit § 6.4. This instruction should be used when the prior conviction has been defendant’s admitted to attack the credibility under Rule 609 of the Federal Rules of defendant’s Evidence. Rule 609(a), which governs the admissibility of prior convictions to impeach, provides: The following rules apply to attacking a character for witness’s truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A) must be admitted, subject to Rule 403, in a civil case or in a
4.36 Impeachment of Defendant - Prior Conviction (F.R.E. 609) You heard evidence that the defendant (name) was previously convicted of (a) crime(s). You may consider evidence of (his)(her) previous conviction only to decide whether to believe (name)’s testimony and how much weight to give it. That evidence does not mean that (name) committed the crime(s) charged here, and you must not use that evidence as any proof of the crime(s) charged in this case. [That evidence may not be used in any way at all in connection with the other defendant(s)]. Comment See Eighth Circuit § 2.16. For variations, see O’Malley et al., supra, §§ 11.12 and 15.08; Sand et al., supra, 7-13; Federal Judicial Center § 41; First Circuit § 2.04; Fifth Circuit § 1.11; Sixth Circuit § 7.05A; Seventh Circuit § 3.05; Ninth Circuit § 4.6; and Eleventh Circuit § 6.4. This instruction should be used when the defendant’s prior conviction has been admitted to attack the defendant’s credibility under Rule 609 of the Federal Rules of Evidence. Rule 609(a), which governs the admissibility of prior convictions to impeach, provides: The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A) must be admitted, subject to Rule 403, in a civil case or in a
2016%20Chapter%204%20revisions.docx