Summary of changes
Rule 609 — Impeachment by evidence of a criminal conviction or finding of guilty by summary court-martial
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
19 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
609(a)
unchanged
Original text
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.
Current text
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.
609(a)(1)
unchanged
Original text
For an offense that, in the convicting jurisdiction, was punishable by death, dishonorable discharge, or by imprisonment for more than one year, the evidence:
Current text
For an offense that, in the convicting jurisdiction, was punishable by death, dishonorable discharge, or by imprisonment for more than one year, the evidence:
609(a)(1)(A)
unchanged
Original text
must be admitted, subject to Mil. R. Evid. 403, in a court-martial in which the witness is not the accused; and
Current text
must be admitted, subject to Mil. R. Evid. 403, in a court-martial in which the witness is not the accused; and
609(a)(1)(B)
unchanged
Original text
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
Current text
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
609(a)(2)
unchanged
Original text
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.
Current text
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.
609(a)(3)
unchanged
Original text
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.
Current text
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.
609(b)
unchanged
Original text
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:
Current text
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:
609(b)(1)
unchanged
Original text
its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
Current text
its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
609(b)(2)
unchanged
Original text
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.
Current text
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.
609(c)
unchanged
Original text
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:
Current text
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:
609(c)(1)
unchanged
Original text
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 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
Current text
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 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
609(c)(2)
unchanged
Original text
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.
Current text
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.
609(d)
unchanged
Original text
Juvenile Adjudications.
Evidence of a juvenile adjudication is admissible under this rule only if:
Current text
Juvenile Adjudications.
Evidence of a juvenile adjudication is admissible under this rule only if:
609(d)(1)
unchanged
Original text
the adjudication was of a witness other than the accused;
Current text
the adjudication was of a witness other than the accused;
609(d)(2)
unchanged
Original text
an adult's conviction for that offense would be admissible to attack the adult's credibility; and
Current text
an adult's conviction for that offense would be admissible to attack the adult's credibility; and
609(d)(3)
unchanged
Original text
admitting the evidence is necessary to fairly determine guilt or innocence.
Current text
admitting the evidence is necessary to fairly determine guilt or innocence.
609(e)
unchanged
Original text
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.
Current text
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.
609(f)
unchanged
Original text
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.
Current text
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.
609(g)
unchanged
Original text
Definition.
For purposes of this rule, there is a conviction in a general or special court-martial when a sentence has been adjudged.
Current text
Definition.
For purposes of this rule, there is a conviction in a general or special court-martial when a sentence has been adjudged.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.