Chapter 22 - Cross-Examining the Character Witness

Question 1

A party who wishes to challenge a fact witness’s character for truthfulness may do so in what 3 ways?

Answer 1

1. Cross-examine the witness about specific incidents suggesting a character for untruthfulness under RULE 608(b)(1)
2. Offer evidence of the witness’s criminal convictions under RULE 609
3. Present a character witness who offers reputation or opinion testimony about the fact witness’s character for untruthfulness under RULE 608(a)

Question 2

Fact witness has been attacked. What are the 2 types of evidence that a party may introduce to show the witness’s truthful character?

Answer 2

1. Explanation of any extenuating circumstances related to prior convictions –> the party usually elicits these details from the fact witness on redirect examination
2. Introduction of reputation or opinion evidence suggesting a character for truthfulness. –> the party offers this testimony through a rebuttal character witness.

Question 3

608(b)(2)

Answer 3

Allows parties to ask character witnesses on CROSS-EXAMINATION about specific incidents of a fact witness’s behavior.

Question 4

608(b)(2)’s two limitations

Answer 4

1. Must have a good faith basis

2. Cannot offer extrinsic evidence of the specific act

Question 5

Cross-Examination of a character witness can be much more devastating when the wtiness testifies about the fact witness’s ______ nature.

Answer 5

Truthful

Question 6

2 Limitations on cross-examining a character witness about a fact witness’s TRUTHFUL nature?

Answer 6

1. Good faith supporting belief
2. Trial Judge has discretion to exclude questions when they will create unfair prejudice substantially outweighing their probative value.

Question 7

Judges are much more likely to allow cross-examination of _______ than _________.

Answer 7

character witnesses than fact witnesses.

Question 8

Because of the damaging questions that can be asked on cross-examination, parties are much likely to present character witness who testify about ______ than they are to offer witnesses who testify about ______.

Answer 8

Truthfulness / Untruthfulness –> Everyone has a specific instance of lying that could be found out on cross –> only negative character witnesses

Question 9

Why is cross-examination of character witnesses about specific incidents usually a win-win tactic for the cross-examiner?

Answer 9

1. CW either admits the existence of behavior undercutting his opinion OR
2. CW makes a denial that suggests he is uninformed about FW’s rep or opinion.