Harmonizing Rules 609 and 608(b) of the Federal Rules of Evidence

Testimony by live witnesses in open court forms the basis of the American trial. Today, almost anyone having relevant information is competent to testify., Fact-finders know, however, that not all testimony should be given the same weight. A witness may have failed to perceive events clearly or have forgotten important details. A witness may give ambiguous testimony or simply be lying.

Cross-examination is the tool designed to reveal these defects. Cross-examiners can use several different means to suggest a witness is lying. Two of the most important are to show a witness has a criminal conviction or committed a bad act sometime in the past. In both instances the questioner wants the fact-finder to infer the witness is not a law-abiding or moral person and therefore cannot be trusted to tell the truth.