Evidence
Apr. 28, 2025
Use of a misdemeanor for impeachment
This article explores the use of misdemeanor convictions to impeach a witness's credibility in criminal cases, detailing when such impeachment is permissible, the role of moral turpitude, the potential for impeachment through judicial notice, and the court's options to limit or exclude such evidence, including the use of limiting instructions.
Civic Center Courthouse
Anne Costin
Judge
Family Law
U San Francisco School of Law
This article and accompanying self-study quiz will discuss to what extent a misdemeanor can be used to impeach the credibility of a witness in a criminal case. Readers will learn about impeachment with misdemeanors that resulted in convictions, the extent to which misdemeanor conduct where no conviction occurred can be used to impeach, and a judge's options to limit or exclude impeachment and to provide a limiting instruction. Also explored will be the thorny issue of whe...
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