Does a jury have to consider the fact that a witness has been convicted of a criminal offence prior to giving evidence?

California, United States of America


The following excerpt is from The People v. Zayas, E048865, No. FSB801097 (Cal. App. 2010):

8. The jury was instructed, "If you find that a witness has been convicted of a felony, you may consider that fact only in evaluating the credibility of the witness's testimony. The fact of a conviction does not necessarily destroy or impair a witness's credibility. It is up to you to decide the weight of that fact and whether that fact makes the witness less believable."

9. Defendant states he does not take issue with the use of the priors to impeach his credibility.

10. Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

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