Crimen falsi

CRIMEN FALSI, civil law, crime. It is a fraudulent alteration, or forgery, to conceal or alter the truth, to the prejudice of another. This crime may, be committed in three ways, namely: 1. By forgery. 2. By false declarations or false oath, perjury. 3. By acts; as, by dealing with false weights and measures, by altering the current coin, by making false keys, and the like. Vide Dig. 48, 10, 22; Dig. 34, 8 2; Code, lib. 9, t. 22, 1. 2, 5, 9. 11, 16, 17, 23, and 24; Merl. Rep. h.t.; 1 Bro. Civ. Law, 426; 1 Phil. Ev. 26; 2 Stark. Ev. 715.
     2. What is understood by this, term in the common law, is not very clearly defined. Peake's Ev. 133; 1 Phil. Ev. 24; 2 Stark. Ev. 715. It extends to forgery, perjury, subornation of perjury, suppression of testimony by bribery, and conspiracy to convict of perjury. See 12 Mod. 209; 2 S. & R. 552; 1 Greenl. Ev. Sec. 373; and article Faux.

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5) But while the automatic admissibility of crimen falsi convictions is largely unchallenged in practice, (6) defining exactly what constitutes a crimen falsi conviction in the first place is often confusing and contested.
The revision to subsection (a)(2) of FRE 609, in particular, limited automatically admissible crimen falsi convictions to those crimes for which "the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness.
11) However, by tying an elemental analysis to crimen falsi determinations under the revised rule, Congress has apparently tried to narrow the doorway of automatic admissibility.
Another group barred at common law from taking the stand was made up of those who had committed "infamous crimes," which included treason, any felony, and crimen falsi.
The crimes automatically admissible for witness impeachment purposes under Rule 609(a)(2) are understood to be "perjury or subornation of perjury, false statement, criminal fraud, embezzlement or false pretense, or any other offense, in the nature of crimen falsi the commission of which involves some element of untruthfulness, deceit or falsification bearing on the accused's propensity to testify truthfully.
32) This is intended to enable the admission of a limited range of evidence such as convictions for perjury or other crimen falsi offenses.
Green, Deceit and the Classification of Crimes: Federal Rule of Evidence 609(a)(2) and the Origins of Crimen Falsi, 90 J.
The rule covers two types of convictions: (1) non-crimen falsi crimes and (2) crimen falsi crimes.
The second type of conviction covered by MRE 609 are crimen falsi convictions.
Federal Rule of Evidence 609 was amended on 1 December 2006 to clarify what convictions constitute crimen falsi crimes.
This article focuses instead on the history of one particularly intriguing form of classification--namely, the concept of crimen falsi, the crime of falsehood or deceit.
To the modern American lawyer, crimen falsi is familiar, if at all, as a category of offenses recognized by Rule 609(a)(2) of the Federal Rules of Evidence, which allows for impeachment of a witness who has been convicted of a crime involving "dishonesty or false statement.