Criminal Procedure Commons^™

The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro

Antioch Law Journal

The use of prior convictions to impeach the credibility of a criminal defendant-witness is generally accepted in most American jurisdictions.'Such evidence is allowed in order to present the jury with the general character of a witness so that they may be better able to decide as to his or her tendency to lie on the witness stand.2 The rationale behind this rule is based on the theory that a witness who has been previously convicted of a crime may be less likely to tell the truth than someone who has never been convicted.3 Unfortunately, when a criminal defendant takes the …