Admissible to impeach the witness (who may/may not be the defendant) on the witness stand.

People v. Beagle, 492 P.2d 1 (Cal. 1972); People v. Castro, 696 P.2d 111 (Cal. 1985); People v. Wheeler, 841 P.2d 938 (Cal. 1992) as well as CEC 788. 

Explain what is admissible to impeach the witness (who may/may not be the defendant) on the witness stand.

2. CEC 352: What may be the limit to this evidence? Identify the test used in CEC 352.

3. Hypothetical: At a 2021 prosecution for murder, the defendant takes the witness stand to testify. The prosecutor seeks to introduce two felony convictions as well as the defendant’s prior uncharged crime – which was only an arrest – all to impeach the defendant’s credibility. Specifically, here is what the prosecutor seeks to introduce regarding the defendant:

2017 Felony conviction for shoplifting (the amount was $1,200.00); the sentence was 2 years in state prison.

2016 Uncharged conduct (only arrest) for lewd act on a child.

2008 Felony conviction for auto theft; the sentence was 16 months in state prison.

Presume all crimes have been deemed legally to be of “moral turpitude.” Considering CEC 788 and 352, how might the judge rule for each of these items?

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