- Free Consultation: 703-298-9562 Tap Here to Call Us
Prior convictions
Prof. Miller brings us this.
Federal Rule of Evidence 609(b) states the following:
(b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.
As the Advisory Committee’s Note to the Rule makes clear
It is intended that convictions over 10 years old will be admitted very rarely and only in exceptional circumstances. The rules provide that the decision be supported by specific facts and circumstances thus requiring the court to make specific findings on the record as to the particular facts and circumstances it has considered in determining that the probative value of the conviction substantially outweighs its prejudicial impact. It is expected that, in fairness, the court will give the party against whom the conviction is introduced a full and adequate opportunity to contest its admission.
The recent opinion of the United States District Court for the Southern District of New York in United States v. Tagliaferro, 2021 WL 1198951 (S.D.N.Y. 2021), is no exception.