MBE Rules · Evidence
Impeachment — prior convictions
FRE 609
The rule
(a)(1) Felony convictions: admissible against non-defendant witness if probative value not substantially outweighed by prejudice; against criminal defendant, only if probative value OUTWEIGHS prejudice. (a)(2) Crimes of dishonesty/false statement: always admissible. (b) Stale (>10 years): generally inadmissible.
In plain English
If someone has a past conviction, it can be used to question their credibility in court. Serious crimes are considered if their relevance is more helpful than harmful, while crimes involving lying are always considered.
Worked example
In a theft trial, the defendant's past fraud conviction is used to question their honesty. The judge allows it because fraud involves dishonesty, making it always relevant to credibility.
Memory hook
Felonies + Dishonesty = Impeachability. Felonies need balancing; dishonesty always admissible.
The trap
Students think: Any felony can impeach a criminal defendant. Wrong, because only if probative value OUTWEIGHS prejudice. The actual test is stricter for criminal defendants.
How examiners test it
The MBE loves: old conviction over 10 years old. Question: admissible? Trap: students forget 10-year rule makes it generally inadmissible unless special circumstances apply.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.