When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury?

California, United States of America


The following excerpt is from People v. Spearman, 157 Cal.Rptr. 883, 25 Cal.3d 107, 599 P.2d 74 (Cal. 1979):

These two factors establish the probative value, if any, of the prior conviction, and must be weighed against the probability that their admission "will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid.Code, 352.) This court has previously identified several such counter-balancing considerations which are of particular importance in a criminal case when the witness to be impeached is the defendant: (1) the unique risk of undue prejudice and confusion of issues which occurs when the prior conviction is admitted to impeach the credibility of an accused who testifies, and (2) the adverse effect on the administration of justice when an accused elects not to take the stand in order to keep information about his prior felony conviction from the jury. (See People v. Fries, supra, 24 Cal.3d at p. 227, 155 Cal.Rptr. 194, 594 P.2d 19.) Application of these now-settled principles to the case at bench compels the conclusion that the trial court's ruling was erroneous.

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