MSOpinion Cross-examination on past criminal conviction “Judges must be cautious in appreciating prior convictions since cases must be tried without prejudice or bias and be based solely on the existence of the crime” READ MORE:
“Judges must be cautious in appreciating prior convictions since cases must be tried without prejudice or bias and be based solely on the existence of the crime”
The Rule requiring the witness to answer the fact of his or her previous conviction was present in the 1989 Revised Rules on Evidence which was patterned from the United States Federal Rules on Evidence.This Rule was reinforced in the 2019 amendments when it introduced a new provision that laid down the standards by which a witness may be impeached on a past conviction.
“Common-law judges believed the ban against testimony by convicted felons served to keep likely liars from the witness stand. No doubt those same judges thought the most likely liars of all were the criminal defendants, who had by far the strongest motivations to lie” . In 1867, Judge Seth Ames of the Massachusetts Superior Court “scoffed at the notion that the new law will aid criminal defendants” .First, he could choose silence and face almost inevitable conviction. Second, “[t]hose defendants who had criminal records will be ‘torn to pieces by cross-examination – presumably because their past convictions could be offered to impeach them’” .
The “[f]our sites [that] participated in the data collection [are]: The Central Division, Criminal, of the Los Angeles County Superior Court, California; the Maricopa County Superior Court , Arizona; the Bronx County Supreme Court, New York; and the Superior Court of the District of Columbia [Dates of data collection from 2000 and 2001] …”
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