This motion seeks to exclude evidence of the accused’s prior convictions under Washington ER 609 and the state constitutional provisions protecting the right to a fair trial and to testify. Drawing on social science research, it argues that prior convictions are poor predictors of courtroom truthfulness and that jurors frequently misuse them as propensity evidence—concluding that a person with a criminal record is more likely to have committed the charged offense. The motion further explains that limiting instructions do not reliably prevent this misuse and may instead draw greater attention to the prejudicial information.
The motion emphasizes that prior-conviction impeachment disproportionately burdens Black, Indigenous, and other clients of color because racial disparities in policing, charging, and conviction make them more likely to enter trial with criminal records. It also argues that the threat of impeachment chills the accused’s right to testify, depriving jurors of potentially exculpatory information and preventing defendants from presenting an individualized account that could counter implicit stereotypes.