Trial Evidence Series, Parts Six and Seven - Rehabilitation, II and Character as a Defense - Hearsay I

• NCJ Number: 84342
• Author(s): I Younger
• Date Published: Unknown
• Length: 0 pages
• Grant Number(s): 76-DF-99-0002
• Sponsoring Agency: US Dept of Justice
• Publication Format: Film
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Videotape, 60 minutes, black and white, 1/2 inch. For the complete lecture series, see NCJ 84337-84348.

Annotation

Themes of this lecture are the considerations involved in using a defendant's character as a defense, the origins of the hearsay rule, and a workable definition for recognizing hearsay evidence upon its introduction in court.

Abstract

Under Anglo-Saxon justice, the defendant's character is never at issue in a criminal trial unless the defense chooses to introduce it through a character witness's testimony. The subject of a defendant's character should not be confused with the concept of credibility, which applies to witnesses. A character witness can testify to both reputation and personal opinion regarding the defendant's character. Such testimony can be countered either by a negative reputation witness or by impeaching the character witness by challenging his perception. The theory of character testimony is defined in the opinion of Michelson v. United States (1948). A prosecutor should refer a defense lawyer to this ruling if the latter's use of character witnesses indicates unfamiliarity with these impeachment techniques. The rule against hearsay derives from the principle of cross-examination, the signal feature of Anglo-Saxon criminal justice. Hearsay is evidence that depends for its probative value upon someone who cannot be cross-examined. It can be an out-of-court statement and must be relevant to the case. For exceptions to the hearsay rule, see NCJ 84343-45.