Section 609 of the Nebraska Evidence Rules: A Need for Clarification

On August 24, 1975, new rules of evidence became effective in Nebraska courts. Known officially as the Nebraska Evidence Rules and codified as Chapter 27 of the Nebraska Revised Statutes, the statutes represent the end result of an effort to modernize and simplify the evidence rules of this jurisdiction. Section 27-609 is the codification of that portion of the Nebraska Evidence Rules relating to the impeachment of witnesses by the introduction of evidence relating to prior convictions. The provisions of this statute are well worth examination, for not only does rule 609 work apparent and substantial changes in the scope of impeachment by prior conviction but it also raises some serious unanswered questions regarding both the extent of the interrogation permitted in connection with, and the trial judge\u27s ability to control, this form of impeachment. It is with the existence and significance of these unanswered questions that this article deals. I. Introduction II. Extent of Interrogation III. Judicial Discretion IV. Conclusio