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Gordon Factors - Rule 609(a)(1)(C)
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Prior felony conviction may be used to impeach a criminal defendant who testifies if the probative value outweighs the risk of unfair prejudice to the defendant. The probative value includes (1) the nature of the prior offense and its bearing on credibility, (2) the recency or remoteness of the conviction, (3) whether the record is otherwise clean, and (4) the importance of credibility issues.
Risk of unfair prejudice considers (1) the similarity of the prior conviction to the charged offense, and (2) the importance of hearing the defendant's own testimony. |
