Character Evidence

Question 1

When does a Defendant “open the door” to character evidence?

Answer 1

Only in CRIMINAL cases.

Opens door by introducing
(1) evidence of his/her own good character for a trait pertinent to the charged crime or
(2) evidence of the alleged victim’s bad character.

Question 2

If D “opens the door,” what character evidence can prosecution show?

Answer 2

If D shows own good trait, P can only show D’s bad trait

If D shows victim’s bad trait, P can show D’s bad trait AND victim’s good traits

Question 3

What is the “mercy rule”?

Answer 3

The mercy rule allows a criminal defendant to introduce evidence that his/her character is inconsistent with the crime charged.

But can only do so through opinion or reputation testimony, NOT specific acts.

Question 4

How can prosecution rebut criminal defendant’s character evidence? (methods)

Answer 4

By examining P’s own witness through opinion/reputation testimony

By cross-examining D’s witness through specific acts.

Question 5

When can specific acts be introduced, if not for propensity reasons?

Answer 5

Motive
Intent
absence of Mistake
Identity
Common scheme or plan