2.10 Cross-Examination of Character Witness is a type of legal questioning in which an attorney questions a witness that has given testimony about a character trait of a defendant or other party involved in a court case. During cross-examination, the attorney may challenge the witness’s credibility, accuracy, or interpretation of the facts. The attorney may also ask the witness questions about the relationship between the witness and the party whose character is being discussed, as well as any prior knowledge or experience that the witness may have had with the party. There are various types of cross-examination of character witnesses, such as direct and cross-examination of expert witnesses, direct and cross-examination of lay witnesses, and direct and cross-examination of non-expert witnesses.
2.10 Cross-Examination of Character Witness.
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FAQ
Character evidence is admissible in a criminal trial if offered by a defendant as circumstantial evidence?through reputation or opinion evidence?to show their own character, as long as the character evidence the defendant seeks to introduce is relevant to the crime with which the defendant is charged.
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.
Character witnesses usually don't see the crime take place but they can be very helpful in a case because they know the personality of the defendant or victim, or what type of person the defendant or victim was before the crime. Neighbors, friends, family, and clergy are often used as character witnesses.
Under common law, the defendant is allowed to call character witnesses to testify for his or her character. Character witnesses can only testify for the defendant by introducing testimony about the defendant's reputation or by relevant instances of the defendant's conduct.
The general rule: CHARACTER EVIDENCE IS NOT ADMISSIBLE. More particularly, character evidence is generally not admissible when offered for the purposes of proving conduct in conformity with the character trait offered.
Character witnesses can only testify for the defendant by introducing testimony about the defendant's reputation or by relevant instances of the defendant's conduct.
The three most often used methods to impair witness credibility include prior inconsistent statements, character evidence and case-specific impeachment.