New Mexico Jury Instruction - Character Evidence
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When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
The Top 3 Rules of Cross-Examination Leading Questions Only. One New Fact Per Question. Break Cross Into a Series of Logical Progressions to Each Specific Factual Goal.
Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Evid. Code, § 780(h)) The inconsistency need not be a complete contradiction.
Character evidence is evidence on an individual's personality traits, propensities, or moral standing. Generally, under the common law character evidence is inadmissible in criminal cases unless the defendant raises the issue first. The U.S. Supreme Court in Michelson v.
Evidence of a defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both: propensity?the defendant is unlikely to have committed the offence with which they are accused. credibility?the defendant is more truthful than someone without such good character.
The commandments provide rules for lawyers to avoid embarrassment and defeat on cross-examination: Be brief. Short questions, plain words. Always ask leading questions. Do not ask a question to which you do not know the answer in advance. Listen to the witness's answers. Never quarrel with the witness.
Character witnesses who testify to a person's reputation, or give their personal opinion, concerning a character trait, may be cross-examined about whether they have heard about specific acts that contradict the character trait testified to.