Can a conviction necessarily involving moral turpitude be used to impeach a witness at a criminal proceeding?

California, United States of America


The following excerpt is from The People v. Turner, G042598, No. 08CF1993 (Cal. App. 2011):

"Any felony conviction necessarily involving moral turpitude may be used to impeach a witness at a criminal proceeding. [Citations.] The admissibility of such a conviction rests with the trial court's discretion. [Citation.] If a felony conviction does not necessarily involve moral turpitude, it is inadmissible for impeachment as a matter of law. [Citations.] Whether an offense constitutes a crime of moral turpitude is a question of law. [Citation.]" (People v. Maestras (2005) 132 Cal.App.4th 1552, 1556.)

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