2.05 Impeachment of Defendant's Testimony by Prior Conviction

You have heard evidence that [defendant] was convicted of a crime. You may consider that evidence in deciding, as you do with any witness, how much weight to give [defendant]'s testimony. The fact that [defendant] was previously convicted of another crime does not mean that [he/she] committed the crime for which [he/she] is now on trial. You must not use that prior conviction as proof of the crime charged in this case.

Comment(s)

This instruction is adapted from the Fifth Circuit Instruction 1.13 and Federal Judicial Center Instruction 41. It is intended for use when the defendant's prior conviction is admitted under Fed. R. Evid. 609. If the evidence of the prior act was admitted under Rule 404(b), see Instruction 2.06.