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If a conviction is offered to impeach a witness and the conviction is not for a crime that involves dishonesty or false statement, the conviction of the witness may be used to impeach the witness if the crime for which the witness was convicted is punishable by death or imprisonment for more than a year, if the crime the witness committed is probative of the truthfulness of the witness, and if the opponent fails to show that the risk of prejudice or other harm mentioned in Federal Rule of Evidence 403 outweighs the probative value of the conviction; but if the witness to be impeached is a criminal defendant, the prosecution bears the burden of showing that the probative value of the conviction outweighs the risk of prejudice to the defendant.

Contributed in 2009 & last edited in 2009 by Peter Tillers

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