On cross-examination, may a prosecutor ask a witness whether she has ever been arrested for writing bad checks?

On cross-examination, may a prosecutor ask a witness whether she has ever been arrested for writing bad checks?

• A. Allowed; arrest is admissible to impeach
• B. Not allowed; arrest is not a bad act itself
• C. Allowed if conviction occurred
• D. Allowed only if the witness actually committed the crime

Answer: (B)

Arrest records are not evidence of guilt and do not by themselves reflect truthfulness. In impeachment, a witness can be exposed to impeachment either by a prior conviction for a crime (including crimes involving dishonesty or false statements) or, in limited form, by specific acts showing dishonesty under rules that apply to cross-examination. But an arrest for a crime, such as writing bad checks, does not prove the crime was committed and is generally not admissible to impeach credibility. If she had a conviction for writing bad checks, that could be admissible under the timing and type rules, and if the act itself involved dishonesty under the proper rule, it might be explored, but simply being arrested is not enough. Hence, asking about an arrest on cross-examination is not allowed.

Arrest records are not evidence of guilt and do not by themselves reflect truthfulness. In impeachment, a witness can be exposed to impeachment either by a prior conviction for a crime (including crimes involving dishonesty or false statements) or, in limited form, by specific acts showing dishonesty under rules that apply to cross-examination. But an arrest for a crime, such as writing bad checks, does not prove the crime was committed and is generally not admissible to impeach credibility. If she had a conviction for writing bad checks, that could be admissible under the timing and type rules, and if the act itself involved dishonesty under the proper rule, it might be explored, but simply being arrested is not enough. Hence, asking about an arrest on cross-examination is not allowed.