Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Walter, who is thirty years old, was convicted of felony mail fraud eight years ago, but was pardoned by the governor three years later. Walter

Walter, who is thirty years old, was convicted of felony mail fraud eight years ago, but was pardoned by the governor three years later. Walter has had a clean record ever since, with the exception of a misdemeanor for disorderly conduct. Subsequently, one of Walter's former associates, Adele, was also charged with mail fraud, and the prosecutor called Walter as a witness. At trial, Adele's attorney attempted to introduce evidence of Walter's former crime to impeach him, and the prosecuting attorney objected. Most likely, the objection will be:

Group of answer choices

Sustained; a crime committed eight years ago is too distant to have any substantial probative value, therefore the prejudicial effect will significantly outweigh it and make the evidence inadmissible under Rule 403.

Sustained; the witness has received a pardon and, under Rule 609(c) and the circumstances of this question, evidence of that conviction is inadmissible.

Overruled; the crime in question is a felony involving dishonesty, therefore under Rule 609(a)(2) it is admissible regardless of the Rule 403 balancing test.

Overruled; because the witness has been convicted of a subsequent crime the pardon does not preclude the possibility of impeaching the witness with this evidence.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

International Business Law And Its Environment

Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge, Beverley Earle

8th Edition

0538473614, 978-0538473613

More Books

Students also viewed these Law questions

Question

A greater tendency to create winwin situations.

Answered: 1 week ago

Question

Improving creative problem-solving ability.

Answered: 1 week ago