Character and Reputation Flashcards
1
Q
FRE 405(a): Reputation and Opinion
A
A defendant may present testimony about the victims or their own (the defendant)’s reputation or in the form of an opinion.
A prosecutor may then respond with cross-examination about relevant SPECIFIC INSTANCES of the defendant’s conduct.
2
Q
Why can only the cross-examine regard specific instances?
A
The government may respond with specific instances by the defendant as it has the right to test the witness’s knowledge of the defendant’s reputation or her familiarity with the defendant.
