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Application by the Courts of the 609(a) requirement that a determination be made that the probative value of admitting the evidence outweighs its prejudicial effect has generally followed the formula developed in the D.C. Circuit in a string of cases starting with Judge McGowan's opinion in Luck v. United States, 121 U.S. App. D.C. 151, 348 F.2d 763 (1965), and including an often quoted opinion by then Judge Burger in Gordon v. United States, 127 U.S. App. D.C. 343, 383 F.2d 936 (1967), cert. denied, 390 U.S. 1029, 20 L. Ed. 2d 287, 88 S. Ct. 1421 (1968). The Luck-Gordon standards were delineated prior to the adoption of the Federal Rules of Evidence in 1975, but the factors used in those cases are still relevant under Rule 609. See 3 Weinstein's Evidence para. 609[03]; United States v. Mahone, 537 F.2d 922 (7th Cir.), cert. denied, 429 U.S. 1025, 50 L. Ed. 2d 627, 97 S. Ct. 646 (1976). However, some parts of the Luck-Gordon rule are no longer applicable under 609. See United States v. Smith, 179 U.S. App. D.C. 162, 551 F.2d 348 (1976). The five factors discussed by Judge Burger in ...
