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WPI 3.02 Conviction of Crime—Impeachment

6 WAPRAC WPI 3.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 3.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
Chapter 3. Impeachment
WPI 3.02 Conviction of Crime—Impeachment
You may consider evidence that a witness has been convicted of a crime only in deciding what weight or credibility to give to the testimony of the witness and for no other purpose.
The instruction should be used only when evidence of conviction of a crime has been admitted solely for the purpose of impeachment. If evidence of a prior conviction has been admitted as substantive evidence, the instruction should not be given.
For the oral instruction to be given before the witness testifies, see WPI 6.07 (Limited Purpose Evidence).
ER 609.
The Washington Supreme Court has approved a similar instruction as curative of the prejudicial effect created when a witness is impeached by evidence of conviction of a crime in State v. Brown, 111 Wn.2d 124, 761 P.2d 588 (1988), rehearing at 113 Wn.2d 520, 782 P.2d 1013 (1989), 787 P.2d 906 (1990).
If the prior conviction is admissible as substantive evidence, ER 609 is inapplicable and this instruction should not be given.
ER 609 is covered generally in Tegland, 5A Washington Practice, Evidence §§ 609.1 to 609.19 (6th ed.).
[Current as of September 2018.]
End of Document