Character witnesses: Difference between revisions
(New page: Character witnesses==== The law allows a defendant to attempt to prove that his or her reputation reflects a life and habit inconsistent with the commission of the crime charged. However,...) |
No edit summary |
||
| Line 1: | Line 1: | ||
Character witnesses | ==Character witnesses== | ||
The law allows a defendant to attempt to prove that his or her reputation reflects a life and habit inconsistent with the commission of the crime charged. However, a witnesses called to testify about the accused's character can be cross-examined regarding reports of behavior inconsistent with the character testimony offered. The witness must have an adequate basis for his or her testimony including knowledge of the reputation of the defendant in his or her community, workplace, social circle, and the like. | The law allows a defendant to attempt to prove that his or her reputation reflects a life and habit inconsistent with the commission of the crime charged. However, a witnesses called to testify about the accused's character can be cross-examined regarding reports of behavior inconsistent with the character testimony offered. The witness must have an adequate basis for his or her testimony including knowledge of the reputation of the defendant in his or her community, workplace, social circle, and the like. | ||
Character witnesses can be extremely advantageous to the defense. Guilty verdicts have been brought in cases where the accused did not have anyone testify about the his or her character, when, in fact, it was the attorney's fault for failing to consider this aspect of the defense.[[FN58]] | Character witnesses can be extremely advantageous to the defense. Guilty verdicts have been brought in cases where the accused did not have anyone testify about the his or her character, when, in fact, it was the attorney's fault for failing to consider this aspect of the defense.[[FN58]] | ||
Latest revision as of 21:00, 22 February 2009
Character witnesses
The law allows a defendant to attempt to prove that his or her reputation reflects a life and habit inconsistent with the commission of the crime charged. However, a witnesses called to testify about the accused's character can be cross-examined regarding reports of behavior inconsistent with the character testimony offered. The witness must have an adequate basis for his or her testimony including knowledge of the reputation of the defendant in his or her community, workplace, social circle, and the like.
Character witnesses can be extremely advantageous to the defense. Guilty verdicts have been brought in cases where the accused did not have anyone testify about the his or her character, when, in fact, it was the attorney's fault for failing to consider this aspect of the defense.FN58