Here is some hypothetical testimony from prosecution of an assault of a victim in a grocery store

Fantastic news! We've Found the answer you've been seeking!

Question:

Here is some hypothetical testimony from prosecution of an assault of a victim in a grocery store parking lot: The prosecutor calls Bart (an eyewitness and the "primary" or "fact" witness in this example), who testifies that he saw the defendant running away from the victim holding money and a gun. Use FRE 608 to answer questions below. Cite the rule subpart to support your claim.

1. Can the prosecutor call a character witness to testify about how truthful Bart is?

2. Can the defendant call a character witness to testify about how untruthful Bart is?

3. The defense's character witness begins by testifying: "I've known Bart for ten years and I know that he can't be trusted in any important manner." Is this proper?

4. The defense's character witness continues: "For example, three years ago Bart was working the cash register at a volunteer event, and he took a twenty" Is this proper?

5. The prosecutor cross-examines the defense's character witness by asking: "You testified on direct that Bart is not truthful. Were you aware that four years ago, he found a woman's purse with a bunch of credit cards and he turned it into the police station without taking any of the money?" Is this appropriate?

6. What if the prosecutor then says: "I'd like to admit the police record of this event into evidence..." can he?

7. Can the prosecutor now call a character witness to testify about how truthful Bart is?

8. The prosecution's character witness testifies on direct. "I've gone to church with Bart and his family for fifteen years and I know his reputation in the community. Everyone thinks he is very trustworthy and would believe anything he says." Is this appropriate?

9. The prosecution's character witness continues: "For example, one day he hit my neighbor's parked motorcycle with his car, and he immediately went to the neighbor..." Should the defense attorney object?

10. The defense attorney cross-examines the prosecution's character witness by asking: "You testified that Bart has a good reputation for honesty in your community. Were you aware of the time that he stole money from his sister in order to take his girlfriend on a date?" Is this permissible?

11. If the character witness denies any knowledge of the theft, can the defense attorney call Bart's sister to testify about it?

An employee arrived at a Phoenix Circle K store and discovered that the store had been robbed. She called the police, who arrived promptly. They discovered two men, fast asleep and surrounded by stolen goods, apparently some of which was alcohol. The police arrested the men and they stood trial for burglary. The prosecutor's paralegal discovers the following convictions on the records of the two men. Which ones are admissible if that defendant takes the stand? Use FRE 609 to answer. If a question doesn't specify which D, assume it is either one for that question

12. Juvenile conviction for theft that occurred 9 years ago. (see 609(d))

13. Conviction for second degree assault that occurred 7 years ago, when the defendant was an adult. The crime was punishable by imprisonment of up to 5 years, but the defendant received a suspended sentence. There has been no pardon.

14. The other defendant was convicted 2 years ago, as an adult, of embezzling funds from his employer. He served 6 months in prison and has not been pardoned.

15. What if this defendant was convicted of misdemeanor disorderly conduct 4 years ago? Would that conviction be admissible to impeach?

16. Finally, suppose that the employee who discovered the crime also has a criminal record: She was convicted 2 years ago of felony kidnapping. She served 1 year in prison and was released. If the employee testifies for the prosecution, can the defense impeach her with this conviction?