Question

A prosecutor wants to introduce a defense witness's three prior criminal convictions to impeach him. The three convictions are all for minor and petty offenses. Which of the following need not be true in order for this evidence to be admissible?

a) The convictions are for crimes of dishonesty.
b) The convictions are less than 10 years old.
c) The witness's credibility is a crucial issue in the case.
d) The witness testifies during the trial.

Answer 1

In order to impeach a defense witness using prior criminal convictions, the convictions must be for crimes of dishonesty and less than 10 years old. Crucially, the witness must testify during the trial. The importance of the witness's credibility to the case is not a strict prerequisite for the admissibility of evidence of past convictions.

Step-by-step explanation:

When a prosecutor aims to impeach a defense witness by introducing their prior criminal convictions, certain criteria must be met for the evidence to be admissable. While the nature of the crimes and the timeliness of the convictions are normal considerations, not all factors listed in the question are prerequisites for admissibility. Specifically:

Therefore, the statement that need not be true for the evidence of previous convictions to be admissible is that the witness's credibility is a crucial issue in the case (c). While this may influence the impact of the impeachment, it is not a strict requirement for the admissibility of evidence regarding past convictions.