Question
Dwayne was charged with traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor. At trial, the prosecution called
Dwayne was charged with traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor. At trial, the prosecution called Wanda as a witness. Wanda testified that Dwayne told her about his plan to have sexual relations with an underage girl. Dwayne's attorney attempted to impeach Wanda with evidence that three years ago, as an adult, she was convicted in Florida of embezzlement of $500, a misdemeanor under Florida law. The prosecution objected to the inclusion of this evidence under Rule 609. Regarding the Rule 609 objection, the trial judge should:
Group of answer choices
A. Sustain the objection because the crime is a misdemeanor.
B. Overrule the objection if the judge determines that the evidence passes the Rule 403 balancing test.
C. Overrule the objection if the judge determines that the probative value outweighs the possibility of unfair prejudice to the prosecution.
D. Overrule the objection because embezzlement is a crime involving a dishonest act or false statement.
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