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Federal Rules of Evidence (US) QUESTION #3783
Question 1
A defendant is charged with embezzlement. He calls a character witness to testify that the defendant has a reputation in the community for being 'an honest and law-abiding man.' The prosecution seeks to cross-examine this witness by asking, 'Are you aware that the defendant was fired from his last job for stealing from the cash register?' Is this question allowed?
  • No, because specific instances of conduct are generally inadmissible under Rule 405.
  • Yes, because the prosecution can use specific instances of conduct to test a character witness's knowledge on cross-examination.✔️
  • No, unless the prosecution has a certified copy of a conviction for that theft.
  • Yes, but the prosecution must prove the theft by extrinsic evidence if the witness denies knowing about it.
Correct Answer Explanation
Rule 405(a) allows the prosecution to inquire into relevant specific instances of the person's conduct during cross-examination of a character witness to test the witness's credibility and the basis for their opinion/reputation testimony.