The Inquisitive Prosecutors’ Guide

2019-IPG-41 (IMPEACHMENT WITH CONVICTIONS & MISCONDUCT OF MORAL TURPITUDE)

September 24, 2019

2019-IPG-41 (IMPEACHMENT WITH CONVICTIONS & MISCONDUCT OF MORAL TURPITUDE)

In this edition of IPG, we address the various issues that arise when seeking to impeach a witness or defendant with prior convictions or misconduct.  Among the issues discussed: (i) when a witness can be asked about conduct underlying a felony conviction involving moral turpitude for purposes of impeachment; (ii) when a person can be impeached with a felony conviction that has been subject to relief pursuant to Penal Code sections 1203.4 et seq.; (iii) what information a prosecutor must know or have before questioning a defendant about a prior conviction; (iv) when a witness can be impeached with noncriminal misconduct of moral turpitude; (v) whether a defendant or witness is entitled to bring out the fact the impeaching conduct resulted in a dismissal or an acquittal; and (vi) when a defendant or witness can successfully assert the Fifth Amendment privilege as to questions about pending criminal conduct being offered to impeach.   The accompanying podcast will provide 75 minutes of general MCLE credit.

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