CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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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.