2.17 Impeachment of Character Witness (F.R.E. 404, 405) Defendant’s If character witness testified to reputation: You heard (name of testify about the defendant's reputation for witness) (insert character trait On cross-examination of the covered by testimony). (name of witness), prosecutor asked some questions about whether had (him)(her) (he)(she) heard that (briefly describe the subject of the cross-examination on the character The trait, e.g., defendant was convicted of fraud on an earlier occasion). prosecutor was allowed to ask these questions only to test whether (name of was familiar with the reputation of the defendant in the community. witness) This is not evidence that the acts described in these questions actually occurred. You may not use the information developed by the prosecutor on this subject for any other purpose. Specifically, you may not use this information to conclude that the defendant committed the act(s) charged in the indictment or as proof that the defendant has a bad character or any propensity to commit crimes. If character witness testified to opinion: You heard (name of witness) testify about the defendant's character for (insert character trait covered by On cross-examination of the prosecutor asked testimony). (name of witness), some questions about whether knew that (him)(her) (he)(she) (briefly describe the subject of the cross-examination on the character trait, e.g., defendant was
2.17 Impeachment of Defendant’s Character Witness (F.R.E. 404, 405) If character witness testified to reputation: You heard (name of witness) testify about the defendant's reputation for (insert character trait covered by testimony). On cross-examination of (name of witness), the prosecutor asked (him)(her) some questions about whether (he)(she) had heard that (briefly describe the subject of the cross-examination on the character trait, e.g., defendant was convicted of fraud on an earlier occasion). The prosecutor was allowed to ask these questions only to test whether (name of witness) was familiar with the reputation of the defendant in the community. This is not evidence that the acts described in these questions actually occurred. You may not use the information developed by the prosecutor on this subject for any other purpose. Specifically, you may not use this information to conclude that the defendant committed the act(s) charged in the indictment or as proof that the defendant has a bad character or any propensity to commit crimes. If character witness testified to opinion: You heard (name of witness) testify about the defendant's character for (insert character trait covered by testimony). On cross-examination of (name of witness), the prosecutor asked (him)(her) some questions about whether (he)(she) knew that (briefly describe the subject of the cross-examination on the character trait, e.g., defendant was
2014%20Chapter%202%20final.docx