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.

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.