Question

At trial in a criminal prosecution for theft, the defendant calls a witness to testify that he formerly knew the defendant as an army supply sergeant and that the defendant had turned down many opportunities for black marketeering.

Is the witness's testimony admissible?

Answer 1

Probably not. Under Federal Rules of Evidence 404(a) character evidence is limited. The witness could testify that the defendant has the character trait of honesty but not the specific instances of being honest.

Answer 2

No. Should be no.

Step-by-step explanation:

black marketeering has noting to do with prosecution because of theft.

BLACK MARKETEERING:

illegal traffic or trade in officially controlled commodities.

THEFT:

the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently.

Black Marketeering pervention has nothing to do with stealing.