Amici Curiae Brief Challenging Introduction of Prior Robbery Conviction for Impeachment Purposes

This brief challenges Washington Evidence Rule 609 under the Washington State Constitution and objects to the introduction of a prior robbery conviction for impeachment purposes. The brief cites research showing that the admission of prior convictions against criminal defendants has minimal, if any, probative value on the defendant’s truthfulness as a witness, and instead lowers the prosecutor’s burden because of high risk of prejudice (p. 3-7). The brief explains that the categorization of robbery as a crime of dishonesty comes from antiquated honor norms rather than social science (p. 7-9). The brief also discusses the disproportionate impact of impeachment with prior convictions on defendants of color (p. 13-16).