Intro to the Federal Rules of Evidence - 66

i. Judgment of Previous Conviction (FRE 803(22))
i) Intro
A certified copy of a judgment is always admissible proof that such judgment has been entered.

The problem is to what extent the facts adjudicated in the former proceeding can be introduced to prove facts in the present case.

ii) Justification
The high degree of reliability of a criminal judgment.

iii) Requirements
1) Criminal judgments
This exception applies only to prior criminal convictions. A prior judgment in a civil case is not included.

2) Inapplicability of this exception to prior acquittal
This exception does not apply to records of prior acquittals. The reason is that a criminal acquittal may establish only that the state did not prove the defendant guilty beyond a reasonable doubt, whereas the evidentiary standard is lower in civil cases.

3) Any fact essential to sustain the judgment
a) Use in subsequent civil case
It is permitted to use the prior criminal conviction of the defendant or of a third person to prove some fact that is relevant to the civil case.

b) Conviction of third person not usable in criminal case
“… but not including … for purposes other than impeachment, judgments against persons other than the accused….”

Where the current proceeding is a criminal trial, it would probably be unconstitutional for the government to use a third person’s conviction as part of its case in chief. Against a third person, however, the government may use prior convictions only for impeachment.

c) Minor crimes
“… a person guilty of a crime punishable by death or imprisonment in excess of one year…”

Misdemeanor convictions are not covered based on the theory that, when faced with a minor conviction, the defendant may have found it more sensible to pay a fine rather than litigate the charges, even though he was in fact innocent.

iv) Prior civil judgments
1) Inadmissible in criminal proceeding
A civil judgment is clearly inadmissible in a subsequent criminal proceeding because of the differing standards of proof.
2) Generally inadmissible in civil proceeding
Inadmissibility is a general rule. But there are exceptions such as FRE 803 (23).