Question
Defendant is accused of murdering his father. In his defense, he calls Andy (age 45) as an alibi. The prosecution has evidence that Andy was
Defendant is accused of murdering his father. In his defense, he calls Andy (age 45) as an alibi. The prosecution has evidence that Andy was convicted of petty larceny two years ago, a misdemeanor punishable by six months in jail. The conviction arose from a shoplifting incident in which Andy was caught leaving a department store with items concealed in his backpack. Should the prosecution be allowed to use this prior conviction at trial?
Group of answer choices
A. Yes, under FRE 609, because Andy has been convicted of any crime.
B. Yes, under FRE 609(a)(2), because Andy has been convicted of a crime involving dishonesty.
C. No, because Andy's conviction cannot be admitted under FRE 609(a)(1) or (a)(2).
D. No, because althoughAndy's conviction is admissible under FRE 609(a)(1), the admission of this convictionwould prejudice Defendant's defense under FRE 403.
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