Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game.
As part of the prosecution’s case in chief, the state’s attorney sought to introduce testimony of Watt that he knew Dann’s reputation among those with whom he lived and worked, and that Dann had a reputation for provoking fights and rowdiness. The trial judge should rule this testimony:
(a) admissible, if it is shown that Smith knew of that reputation.
(b) admissible because it does not refer to specific acts or other offenses and proves motive and intent.
(c) not admissible because an attack on Dann’s character for peacefulness is improper during the prosecution’s case in chief.
(d) not admissible because Dann’s reputation can only be proven by opinion evidence after a proper foundation therefor is laid.
题干中, Dann 被控攻击 Smith,并声称自己是在 Smith 先攻击他时出于自卫。控方希望引入 Watt(与Dann一起工作、生活的人) 的证词,证明 Dann 有挑衅和闹事的名声。
正确答案是 (c),不可采纳,因为在控方的主诉阶段攻击 Dann 平和的性格是不适当的。