Multistate Bar Examination Practice Question

During a criminal trial, the prosecution intends to introduce evidence of the defendant's previous conviction for theft to challenge their credibility as a witness. According to the FRE, which of the following conditions must be met for this prior conviction to be permissible for impeachment?

  • The prior conviction was for an offense that results in imprisonment for one year or more, and it was adjudicated within the past decade.

  • Prior convictions are used for impeachment based on their seriousness and the time that has passed since the offense.

  • The prior conviction involved fraud and has been removed from the defendant’s official records.

  • The prior conviction was for a minor offense and was resolved over 15 years ago.

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