California, United States of America
The following excerpt is from People v. Visciotti, 2 Cal.4th 1, 5 Cal.Rptr.2d 495, 825 P.2d 388 (Cal. 1992):
The prosecution may rebut mitigating character evidence with evidence related to the character trait raised by defendant. (People v. Mickle (1991) 54 Cal.3d 140, 191, 284 Cal.Rptr. 511, 814 P.2d 290; People v. Rodriguez, supra, 42 Cal.3d 730, 792, fn. 24, 230 Cal.Rptr. 667, 726 P.2d 113.) A number of witnesses testified to defendant's kind, loving, and compassionate behavior. A capital defendant who offers, as mitigating evidence relevant to whether he should live or die, 37 evidence that he is a kind and considerate person may not restrict the scope of evidence offered to rebut that inference by arguing that he intended only to demonstrate that he was kind and considerate under limited circumstances or to particular people. Evidence that defendant violently assaulted a pregnant woman who was in bed and stabbed her several times even after being told of her condition was relevant and proper rebuttal to the evidence that he was a kind and considerate person.
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