NCJ Number
141844
Journal
Trial Volume: 29 Issue: 3 Dated: (March 1993) Pages: 26-30
Date Published
1993
Length
5 pages
Annotation
Although character evidence can be powerful by raising a reasonable doubt, the use of the evidence on the defendant's character may also backfire on the defense.
Abstract
In addition, the prosecutor must avoid making a mistake that could lead to the reversal of an otherwise valid conviction. Many jurisdictions base their rules of evidence on the Federal rules, which allow character to be proved in two ways. Traditionally, it is proven by testimony as to reputation. Modern evidence also permits testimony regarding personal opinion. Character evidence demonstrates that a person has a propensity to behave in a certain manner. The law correctly handles this manner of proof with great caution. Evidence of character may also be used as circumstantial evidence of a material fact or to support or attack the credibility of a witness. Attorneys can use character evidence with respect to the accused, an ordinary witness or victim, a homicide victim, and a sexual assault victim. They must be careful regarding their manner of attack on the opposing party's character witness. Sample scenarios and reference notes