Is past criminal conduct that has some bearing on the veracity of a witness admissible in a criminal proceeding?

California, United States of America


The following excerpt is from People v. Humphrey, C052744, Super. Ct. No. 02F02888 (Cal. App. 2011):

Past criminal conduct that has some bearing on the veracity of a witness is admissible in a criminal proceeding, including misdemeanor convictions involving moral turpitude. However, even admissible evidence of convictions is subject to the court's exercise of its discretion under Evidence Code section 352. (People v. Wheeler (1992) 4 Cal.4th 284, 295.)

We find an abuse of discretion only if, after considering all the circumstances, it appears the trial court's Evidence Code section 352 determination exceeds the bounds of reason. The trial court's determination of the relevance of a prior conviction should be based on such factors as the conduct's probative value for honesty, the remoteness of the prior conviction, and the effect on the defendant who does not testify out of fear of being prejudiced by impeachment of prior convictions. (People v. Green (1995) 34 Cal.App.4th 165, 182183.)

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