Legal Question in Criminal Law in California
Are character witnesses allowed to testify in California during a criminal trial? Are they allowed to testify during the penalty phase of the trial only?
Asked on 3/10/11, 2:02 pm
1 Answer from Attorneys
James Goff
James R. Goff, Attorney at Law
Character witnesses are allowed to testify in a criminal matter, however, attorneys ofter don't use character witnesses because it puts character into issue and the attorney may fear that adverse evidence on character that otherwise would not be admissible against the defendant would be admitted to his detriment. If you are asking about admitting character evidence for the prosecution, it is not admissible unless the defendant or the issues in the case raise character as an issue.
Answered on 3/12/11, 11:50 am
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