What is the test for impeaching a member of the House of Representatives who has been convicted of a prior felony conviction?

California, United States of America


The following excerpt is from People v. Standard, 181 Cal.App.3d 431, 226 Cal.Rptr. 62 (Cal. App. 1986):

This case was tried after People v. Castro (1985) 38 Cal.3d 301, 211 Cal.Rptr. 719, 696 P.2d 111, which addressed the issue of the effect of Proposition 8 on impeachment with prior felony convictions.

The court declared: "We shall hold that--always subject to the trial court's discretion under section 352--subdivision (f) [of article I, section 28] authorizes the use of any felony conviction which necessarily involves moral turpitude, even if the immoral trait is one other than dishonesty. On the other hand, subdivision (d), as well as due process, forbids the use of convictions of felonies which do not necessarily involve moral turpitude." (People v. Castro, supra, 38 Cal.3d at p. 306, 211 Cal.Rptr. 719, 696 P.2d 111.)

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