Instruction 3.680, Criminal Model Jury Instructions for Use in the District Court

IMPEACHMENT BY PRIOR CONVICTION OF A CRIME

I. IMPEACHMENT OF DEFENDANT

You have heard evidence that the defendant was previously convicted

of a crime. You may consider that information only for the purpose of

helping you to decide whether or not to believe his (her) present testimony

and how much weight, if any, to give it. You may not draw any inference of

guilt against the defendant because of his (her) prior conviction.

The fact that the defendant was once found guilty of another crime

does not mean that he (she) is guilty of this charge, and you must not

consider that prior conviction to be any indication of guilt on this charge.

You may consider the defendant’s prior conviction solely to help you to

determine whether or not he (she) is a truthful witness.

G.L. c. 233, § 21. The defendant waives the right to such a limiting instruction by not requesting it or

objecting to its omission. Commonwealth v. Whitehead, 379 Mass. 640, 661, 400 N.E.2d 821, 836

(1980); Commonwealth v. Cook, 351 Mass. 231, 237, 218 N.E.2d 393, 397, cert. denied, 385 U.S.

981 (1966).

II. IMPEACHMENT OF NON-DEFENDANT WITNESS

You have heard evidence that (this) (a) witness was previously

convicted of a crime. You may consider that information, along with any

other pertinent information, in deciding whether or not to believe (this) (the)

witness’s present testimony and how much weight, if any, to give it.

SUPPLEMENTAL INSTRUCTION

Crimes involving dishonesty. It is for you to say how much weight

you should give a prior conviction in determining the

(defendant’s) (witness’s) credibility. You might want to consider

whether past crimes involving dishonesty are more relevant

than past crimes that did not involve dishonesty, but it is up to

you to decide how relevant you think any particular past

conviction is to the (defendant’s) (witness’s) present

truthfulness.

Commonwealth v. Cefalo, 381 Mass. 319, 335, 409 N.E.2d 719, 729-730 (1980);

Commonwealth v. Bumpus, 362 Mass. 672, 682-683, 290 N.E.2d 167, 176 (1972),

vacated and remanded, 411 U.S. 945 (1973), aff’d on rehearing, 365 Mass. 66, 309

N.E.2d 491 (1974), denial of habeas corpus aff’d sub nom. Bumpus v. Gunter, 635

F.2d 907 (1st Cir. 1980), cert. denied, 450 U.S. 1003 (1981).