Prosecution can offer its own character witnesses to contradict the testimony D offered D admit reputation and opinion character evi of victim to prove innocence of D Prosecution can cross examine D’s witness with specific instances, rep or opinion Prosecution can present its own W to show the V was good with opinion and rep (i.e. peaceful rather than violent D can obviously cross examine this using reputation, opinion, specific instances Prosecution can offer evidence of the same trait of the D’s character In a homicide case where D claim self-defense Prosecution may use reputation and opinion evidence of V’s peacefulness to rebut that victim was the aggressor Prosecution may offer evidence concern the D’s character for violence If D makes character an issue Prosecution in cross examination, could bring specific act evi CEC: D can admit reputation and opinion evidence of his own character D can admit reputation, opinion and specific acts of V’s character If D attacks V’s character as violent (not addressing his own character), Prosecution may rebut with specific acts of both victim’s peaceful and Prosecution may rebut with D’s violent character, even though D did not open the door to his own character Prosecution in cross-examining D’s character W, prosecution can use specific acts for the limited purpose of attacking witness’ credibility as to D’s peaceful character Common Law: D can admit reputation evidence of his peaceful or victim’s violent character In cross-examining D’s character W, prosecution can use specific acts for the limited purpose of attacking W’s credibility as to D’s peaceful character
Prosecution can offer its own character witnesses to contradict the testimony D offered D admit reputation and opinion character evi of victim to prove innocence of D Prosecution can cross examine D’s witness with specific instances, rep or opinion Prosecution can present its own W to show the V was good with opinion and rep (i.e. peaceful rather than violent D can obviously cross examine this using reputation, opinion, specific instances Prosecution can offer evidence of the same trait of the D’s character In a homicide case where D claim self-defense Prosecution may use reputation and opinion evidence of V’s peacefulness to rebut that victim was the aggressor Prosecution may offer evidence concern the D’s character for violence If D makes character an issue Prosecution in cross examination, could bring specific act evi CEC: D can admit reputation and opinion evidence of his own character D can admit reputation, opinion and specific acts of V’s character If D attacks V’s character as violent (not addressing his own character), Prosecution may rebut with specific acts of both victim’s peaceful and Prosecution may rebut with D’s violent character, even though D did not open the door to his own character Prosecution in cross-examining D’s character W, prosecution can use specific acts for the limited purpose of attacking witness’ credibility as to D’s peaceful character Common Law: D can admit reputation evidence of his peaceful or victim’s violent character In cross-examining D’s character W, prosecution can use specific acts for the limited purpose of attacking W’s credibility as to D’s peaceful character
Evidence-Helper.docx