Logo

What is the judgments of conviction hearsay exception, and does it require the witness to be available?

Bar Exam Prep Federal Evidence Hearsay Exceptions - Unavailability NOT Required What is the judgments of conviction hearsay exception, and does it require the witness to be available?
🦅 Federal Evidence • Hearsay Exceptions - Unavailability NOT Required EVID#064

Legal Definition

Felony convictions are admissible in both criminal and civil cases to prove a fact essential to judgment. The witness does not need to be unavailable.

Plain English Explanation

Normally when you're on trial, you can't just have someone say "I heard this person did this bad thing before" as proof they actually did it. That's called "hearsay" and it's not reliable enough. But if that person was actually put on trial for that bad thing, and a court decided they were guilty, that's good proof they actually did it.

So if Bob is on trial and someone wants to argue Bob can't be trusted because he was found guilty of fraud before, they can bring in the court record of his fraud conviction. The purpose is you don't have to retry Bob's entire fraud case just to show he committed fraud. The court can just look at the fact he was convicted and make their judgment about his credibility.

This only works for really serious crimes, not small things. Also it only works if Bob's previous fraud was an important fact in why he was found guilty back then. You can't just bring up any old conviction that doesn't relate to this case. There has to be a good reason why it's relevant now.

Visual Aids

What is the judgments of conviction hearsay exception, and does it require the witness to be available?

Related Concepts

In California, how does the ancient documents hearsay exception differ? In California, how does the judgments of conviction hearsay exception differ? In California, how does the learned treatises hearsay exception differ? In California, how does the official and public records hearsay exception differ? In California, what is the contemporaneous statements hearsay exception, and does it require the witness to be available? In California, what is the spontaneous statement hearsay exception, and does it require the witness to be available? What is the ancient documents hearsay exception, and does it require the witness to be available? What is the business records hearsay exception, and does it require the witness to be available? What is the excited utterance hearsay exception, and does it require the witness to be available? What is the family records hearsay exception, and does it require the witness to be available? What is the learned treatises hearsay exception, and does it require the witness to be available? What is the market reports hearsay exception, and does it require the witness to be available? What is the official and public records hearsay exception, and does it require the witness to be available? What is the past physical or mental condition hearsay exception, and does it require the witness to be available? What is the past recorded recollection hearsay exception, and does it require the witness to be available? What is the present physical or mental condition hearsay exception, and does it require the witness to be available? What is the present sense impression hearsay exception, and does it require the witness to be available? What is the present state of mind hearsay exception, and does it require the witness to be available? What is the property records hearsay exception, and does it require the witness to be available? What is the vital records hearsay exception, and does it require the witness to be available?
Law School Boost Robot

Get Law School Boost for Free!

Law School Boost makes studying for law school and the Bar easier using our science-backed, A.I.-driven, adaptive flashcards with integrated hypos, plain English legal translations, and memorable illustrations. Start now for FREE!