Rule 610 Religious Beliefs or Opinions

• Jurisdiction: Arizona

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced.

Comment

Religious beliefs cannot be used either to establish or attack a witness's credibility,[1] or to create sympathy or passion for a victim of a crime. Evidence of a person's religious beliefs or knowledge is, however, admissible if offered for some other relevant purpose.[2] As such, this rule operates in the same way as Rules 404 and 407 through 411, which prohibit certain types of evidence for certain purposes, but admit it for other relevant purposes. Further, this evidence is admissible when the other party "opens the door,"[3] such as when the other party uses religious beliefs to justify conduct.[4]

Cases

610.010 Evidence of a witness's religious beliefs may not be introduced to show an effect on the witness's credibility, and introduction of such evidence may be fundamental error.

State v. Towery, 186 Ariz. 168, 920 P.2d 290 (1996) (defendant claimed that evidence of witness's satanic beliefs might have persuaded jurors to believe that witness, rather than defendant, killed victim; once trial court sustained objection, defendant failed to make offer of proof of witness's satanic beliefs, so on record...