CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Manner of Proof
8 Cards On This Topic:
  • Manner of proving character evidence.
  • Opinion, reputation and specific instance of conduct evidence is admissible to prove character, except where statutorily prohibited.
  • DA's questions to character witnesses on cross, asking whether their opinion of D would change if D committed the acts defense stated he did, were not guilt-assuming hypos.
  • "Have you heard" questions of reputation witness permitted so long as good faith belief that acts or conduct took place.
  • Rebuttal character evidence properly admitted.
  • DA may not ask testifying D about specific instances of misconduct to attack character unless otherwise admissible under Evid. Code §1101.
  • Proper procedure to be followed when attacking witness' prior evidence of good character with otherwise inadmissible hearsay; "Have you heard" questions.
  • Prerequisite to cross-examination of reputation witnesses re D's prior misconduct is DA's good faith belief that prior acts actually occurred and that questions will be asked in anticipation of affirmative response.