MRE 609
Rule 609 Impeachment by Evidence of Conviction of Crime
(a) General rule. For the purpose of attacking the credibility of a witness, evidence
that the witness has been convicted of a crime shall not be admitted unless the
evidence has been elicited from the witness or established by public record during
cross-examination, and
(1) the crime contained an element of dishonesty or false statement, or
(2) the crime contained an element of theft, and
(A) the crime was punishable by imprisonment in excess of one year or
death under the law under which the witness was convicted, and
(B) the court determines that the evidence has significant probative value
on the issue of credibility and, if the witness is the defendant in a criminal
trial, the court further determines that the probative value of the evidence
outweighs its prejudicial effect.
(b) Determining probative value and prejudicial effect. For purposes of the
probative value determination required by subrule (a)(2)(B), the court shall
consider only the age of the conviction and the degree to which a conviction of the
crime is indicative of veracity. If a determination of prejudicial effect is required,
the court shall consider only the conviction's similarity to the charged offense and
the possible effects on the decisional process if admitting the evidence causes the
defendant to elect not to testify. The court must articulate, on the record, the
analysis of each factor.
(c) Time limit. Evidence of a conviction under this rule is not admissible if a period
of more than ten years has elapsed since the date of the conviction or of the
release of the witness from the confinement imposed for that conviction, whichever
is the later date.
(d) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a
conviction is not admissible under this rule if (1) the conviction has been the
subject of a pardon, annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person convicted, and that
person has not been convicted of a subsequent crime which was punishable by
death or imprisonment in excess of one year, or (2) the conviction has been the
subject of a pardon, annulment, or other equivalent procedure based on a finding of
innocence.
(e) Juvenile adjudications. Evidence of juvenile adjudications is generally not
admissible under this rule, except in subsequent cases against the same child in the
juvenile division of a probate court. The court may, however, in a criminal case or a
juvenile proceeding against the child allow evidence of a juvenile adjudication of a
witness other than the accused if conviction of the offense would be admissible to
attack the credibility of an adult and the court is satisfied that admission is
necessary for a fair determination of the case or proceeding.
(f) Pendency of appeal. The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency of an appeal is
admissible.
GRIFFIN, J., states: Because I disagree with the majority opinion in People v Allen,
[429 Mich 558 (1988)] I dissent from the adoption of this amendment of MRE 609.