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Criminal Law

: Tennessee Criminal Lawyer Blog

Use of Prior Convictions at Trial

By Baker Associates

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For a criminal defendant, one of the most damaging pieces of evidence at trial can be a prior conviction. The admission of a prior conviction via impeachment can do irreparable damage to a defendant, making them appear untrustworthy, dishonest, or otherwise not credible as to their testimony. As such, both state and federal courts provide defendants with protection in the form of a multi-prong test that must be met before the prior conviction can be admitted. First, the witness must be asked about the conviction on cross-examination. Basically, this means that the conviction can?t just be entered into evidence without the witness being asked about it. The thrust of this rule is that such convictions cannot get into evidence if the witness does not take the witness stand...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 01, 2010 (boomark / email).

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