New York Law (NYLE) Practice Exam

How does a past conviction influence the ability of a witness to testify?

1. A conviction automatically disqualifies the witness

2. The conviction's inadmissibility depends on the case type

3. The witness's credibility may be impeached by the conviction

4. The witness can only testify with an attorney present

The correct answer is: The witness's credibility may be impeached by the conviction

A past conviction can significantly impact the credibility of a witness's testimony. Under New York law, a witness can be impeached, meaning their credibility can be challenged, using evidence of their past convictions. This is particularly important in jury trials where the parties involved seek to establish the reliability and trustworthiness of the witness. If a witness has a felony conviction, it may be used to suggest that they are less reliable or trustworthy. The focus here is on the ability to discredit a witness based on their criminal history rather than on disqualification from testifying altogether. A witness is not automatically barred from testifying due to previous convictions; rather, the details of their criminal background may be revealed to the court to assess their credibility. Contextually, the notion that a conviction automatically disqualifies a witness is incorrect because, in most cases, individuals with past convictions are still allowed to testify, although their credibility may be questioned. The idea that a conviction's admissibility depends on case type doesn’t address the fundamental issue of credibility impeachment. Lastly, the stipulation that a witness can only testify with an attorney present is not accurate as witnesses can testify independently of legal representation. Thus, the ability to impeach a witness based on a past conviction is