Description
When an attorney asks for something that concerns some trait of a witness other than honesty or truthfulness.
Purpose/Policy/Reason
To keep the attorney from painting this bad or good picture of the witness to influence the jury’s decision.
Examples
Sir, do you have a history an alcoholic?”
(You would object to this in a case like an armed robbery where the question has no forbearance other than for character assassination, which is objectable.)
Mrs. Donaldson, have you ever taken marijuana?”
(In this case, you would object to this question because the context is that she is on trial for fraud and the point of the question is to make the person less likable, which is objectable.)
Miss, can you please explain to the court why you received a speeding ticket 5 months ago?”
(In this case, the trial is about the death of a man who the witness who is being questioned was the last to see.)
Federal and Georgia Mock Trial Rule of Evidence
Article IV. Relevancy and its Limits
Rule 404. Character Evidence; Crimes or Other Acts
(a) Character Evidence.
- Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.