Impeachment by evidence of a criminal

conviction or finding of guilty by summary court- martial (a) In General. The following rules apply to attacking a witness’ character for truthfulness by evidence of a criminal conviction or finding of guilty by summary court-martial. (1) For an offense that, in the convicting jurisdiction, was punishable by death, dishonorable discharge, or by imprisonment for more than one year, the evidence: (A) must be admitted, subject to Mil. R. Evid. 403, in a court-martial in which the witness is not the accused; and (B) must be admitted in a court-martial in which the witness is the accused, if the probative value of the evidence outweighs its prejudicial effect to that accused; and (2) For any offense regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving – or the witness’ admitting – a dishonest act or false statement. (3) In determining whether an offense tried by court- martial was punishable by death, dishonorable discharge, or imprisonment in excess of one year, the maximum punishment prescribed by the President under Article 56 at the time of the conviction applies without regard to whether the case was tried by general, special, or summary court-martial. (b) Limit on Using the Evidence After 10 Years. Subdivision (b) applies if more than 10 years have passed since the witness’ conviction or finding of guilty by summary court-martial or release from confinement for it, whichever is later. Evidence of the conviction or finding of guilty by summary court- martial is admissible only if: (1) its probative value, supported by specific facts its substantially outweighs and circumstances, prejudicial effect; and (2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use. (c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction or finding of guilty by summary court-martial is not admissible if: (1) the conviction or finding of guilty by summary court-martial has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person III-39 has been rehabilitated, and the person has not been convicted of a later crime punishable by death, dishonorable discharge, or imprisonment for more than one year; or (2) the conviction or finding of guilty by summary court-martial has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. (d) Juvenile Adjudications. Evidence of a juvenile adjudication is admissible under this rule only if: (1) the adjudication was of a witness other than the accused; (2) an adult’s conviction for that offense would be admissible to attack the adult’s credibility; and (3) admitting the evidence is necessary to fairly determine guilt or innocence. (e) Limit on use of a finding of guilty by summary court-martial. A finding of guilty by summary court- martial may not be used for purposes of impeachment unless the accused at the summary court-martial proceeding was represented by military or civilian defense counsel. (f) Pendency of an Appeal. A conviction that satisfies this rule is admissible even if an appeal is pending, except that a finding of guilty by summary court- martial may not be used for purposes of impeachment until review has been completed under Article 64. Evidence of the pendency is also admissible. (g) Definition. For purposes of this rule, there is a conviction in a general or special court-martial when a sentence has been adjudged.