In an accountant's trial for filing fraudulent tax reports, the prosecution calls a former colleague of the accountant, and she testifies that the accountant's reputation in the community is for frequently participating in very questionable reporting, often resulting in unnecessary risk for his clients. She testifies further that she thinks the accountant is dishonest. Should the trial court admit this evidence over the accountant's objection?

Question

Layton Murray

Business

7 August, 19:39

In an accountant's trial for filing fraudulent tax reports, the prosecution calls a former colleague of the accountant, and she testifies that the accountant's reputation in the community is for frequently participating in very questionable reporting, often resulting in unnecessary risk for his clients. She testifies further that she thinks the accountant is dishonest. Should the trial court admit this evidence over the accountant's objection?

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Answers (1)

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Emilia Choi · Answer 1

A) No, because the prosecution cannot initiate evidence of the defendant's character.

Explanation:

This testimony can only be admissible if the defendant takes the stand and brings his character into issue, or presents some other type of evidence of his good reputation. Only then can the court admit evidence about the defendant's bad character or bad reputation.