M Civ JI 5.03 Impeachment by Proof of Conviction of Crime

In deciding whether you should believe a witness, you may consider the fact that the witness has been convicted of a crime, and you may give that fact the weight you believe it deserves under the circumstances.

Note on Use

This instruction applies to both a nonparty witness and a witness who is a party.

Comment

Evidence of a criminal conviction may be used for the purpose of drawing in question a witness’s credibility. This evidence is admissible if elicited from the witness or established by public record during cross-examination. MRE 609(a). The conviction must be of a crime punishable by death or by imprisonment for more than one year, or the conviction must involve theft, dishonesty, or false statement. The Court must determine that the probative value outweighs its prejudicial effect and must articulate on the record the factors considered. MRE 609(a)(l), (2).

The January 2024 amendments are housekeeping changes reflecting stylistic revisions to the Michigan Rules of Evidence that became effective January 1, 2024.

History

M Civ JI 5.03 is a revision of SJI 3.02. Amended April 1981, January 2024.