Can a witness in a criminal trial be impeached with a prior felony conviction?

California, United States of America


The following excerpt is from People v. Garrett, 195 Cal.App.3d 795, 241 Cal.Rptr. 10 (Cal. App. 1987):

A witness in a criminal trial may be impeached with a prior felony conviction if the least adjudicated elements of that felony necessarily involve moral turpitude. (People v. Castro (1985) 38 Cal.3d 301, 317, 211 Cal.Rptr. 719, 696 P.2d 111.) Even if the prior felony conviction involves moral turpitude, its admission is also subject to the trial court's discretion under Evidence Code section 352 to exclude evidence when its probative value is outweighed by the risk of undue prejudice. (Id., at p. 307, 211 Cal.Rptr. 719, 696 P.2d 111.)

Other Questions


If a witness has been convicted of a criminal offence under section 28(f) of the California Criminal Code, is that prior conviction relevant for impeachment of a witness? (California, United States of America)
Does the fact that it is a defendant who seeks to use prior felony convictions to impeach an adverse witness in a criminal case have to allow the evidence to be impeached? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
What is the test for determining whether a witness has a criminal conviction for a previous criminal conviction that was impeaching the same criminal offence? (California, United States of America)
Can a witness be impeached in a criminal case if he is convicted of a prior felony conviction involving moral turpitude? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
If a jury finds that a witness has been convicted of a prior criminal offence, can the jury disregard the prior conviction? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.