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53 Akron L. Rev. 1 (2019)

handle is hein.journals/aklr53 and id is 1 raw text is: 







     DOES   IMPEACHMENT BY CONVICTION
CREATE UNDUE PREJUDICE? AN EXPERIMENT
                 AND   AN  ANALYSIS


                      David Crump *

I.   Introduction    .....................   .........2
II.  The Rule Limiting Convictions of the Criminal
     Defendant    ....................................4
     A.  What Are the Factors That the Rule Balances? ......4
     B.  Which Convictions Carry How Much Impeachment
         Value? ..................         .............6
     C.  The Need for Impeachment and the Need for the
         Defendant's Story .......................8
     D.  Estimating the Degree of Prejudice Created by the
         Conviction. ............................   9
II.  Experimental Evaluation of Predudice .  ........... 11
     A.  The Experiment: Two Pairs of Scenarios,
         Illustrated by Appendices A and B to This
         Article ...................       ...........11
     B.  The Hypothesis Formed before the Experiment-
         and the Experimental Design ..... ..........13
     C.  The Previous Experiments ................ 14
     D.  How This Experiment Is Different .  ..........15
     E.  The Result of the Experiment ..... .........15
IV.  The Limits of the Experiment and Suggestions for
     Further Research    ..................... ..... 17
     A.  The Meaning of the Experiment ..............17
     B.  Incidental Results    .........    .............19
     C.  Further Research      ........    ...............20
V.   Conclusion.............................22


* A.B. Harvard; J.D. University of Texas. John B. Neibel Professor of Law, University of Houston.

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