Eliminating Rule 609 to Provide a Fair Opportunity to Defend Against Criminal Charges: A Proposal to the Advisory Committee on the Federal Rules of Evidence

Abstract

This essay constitutes the written portion of the author's October 2023 presentation to the Federal Advisory Committee on Evidence Rules. It proposes a rule change that would eliminate Rule 609 and modify Rule 608.

The essay highlights historical and policy reasons that support the changes and the proposal’s consistency with recent White House and Department of Justice policy initiatives. The elimination of Rule 609 presents a unique opportunity to improve the fairness and legitimacy of American trials.

Keywords: evidence, prior convictions, witness impeachment, rule 609