by David Hall » Thu Jul 29, 2010 11:32 pm
Oh man, Frank, that's a big question. In a criminal case there are a million slight nuances in the character witness game.
A defendant can call a character witness to testify to a trait relevant to the crime for which he is charged: IE: Dwayne is a peaceful man and I've never known him to lie to people." In this example the witness may not testify to specific instances where the defendant has acted "honestly" but may only testify to his "reputation' for truthfulness.
Specific acts of the defendant are not admissible to prove that he acted in conformity with those acts for which he is charged: IE: "Dwayne masturbated outside my window last week" cannot be used to prove that Dwayne masturbated outside my window today. However, it may be used as evidence to prove the identity of Dwayne in the second incident, to establish his motive, to prove intent, etc.
However, if the defendant calls a character witness to testify that Dwayne is honest, the prosecution may question that witness by asking him about specific instances where Dwayne was dishonest: IE "did you know that Dwayne was busted for lying to a cop last year." It's a dangerous game for the defense to start bringing character witnesses forward, because that defendant's specific acts of misconduct ordinarily would not be admissible, but now they may be used to impeach that witness. (in the process probably influencing the jury about the defendant's character as well.)
"Dwayne would never speed and disregard a traffic signal" would be inadmissable to prove that Bill stopped at that traffic signal because a person's "good" character is not relevant to whether or not he may have run a red light.
However, if a witness could testify "I watch dwayne stop at that light EVERY DAY at 4 pm and he always stops for 10 seconds" this may be relevant to prove that he always stops at that light. If witness testifies to a strict routine or habit of the defendant it may become relevant to prove that he did not do it on that day. In order to do so, there must be a pretty well established pattern that Dwayne always stopped at the light.
Just finished my second bar exam in two years, so this is probably as fresh as this stuff will ever be for me.
Basically, I believe you have to do what you love, learning as a loan wolf, before you can join a pack.