3.6 Impeachment, Prior Conviction of Defendant

            You have heard evidence that the defendant has previously been convicted of a crime.  You may consider that evidence only as it may affect the defendant’s believability as a witness.  You may not consider a prior conviction as evidence of guilt of the crime for which the defendant is now on trial.

Comment

            See Fed. R. Evid. 609 (Impeachment by Evidence of a Criminal).  The court must give such a limiting instruction if requested by the defendant.  Fed. R. Evid. 105 (Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes).

            If past crimes of the defendant are to be used for another purpose—such as proving an element of a habitual offender charge or establishing intent—that limited purpose should similarly be identified.  See Instruction 3.3 (Other Crimes, Wrongs, or Acts of Defendant). 

Revised Mar. 2018