NCJ Number
115061
Date Published
1986
Length
59 pages
Annotation
This monograph reviews the historical development of rules governing the admission at trial of evidence of a defendant's prior criminality, discusses constitutional and policy considerations affecting the formulation of such rules, and compares rules in the United States with ones in foreign jurisdictions.
Abstract
Following a historical review of the law relating to evidence of prior offenses, the booklet explains exiting law. Evidentiary issues covered include rebuttal of a defendant's good character evidence, state of mind, criminal skill or capacity, and credibility. Reasons supporting the relevance of criminal histories as evidence are outlined, as are justifications for restricting such evidence. The monograph criticizes current rules, argues that the Constitution does not support limits on the use of prior offenses as evidence in criminal cases, and describes comparable laws in England and other European nations. The final section recommends a uniform rule of admission for the prior convictions of defendants and other persons whose conduct or credibility are at issue. A proposed amendment to the Federal Rules of Evidence is included. 95 footnotes.