Character Evidence Flashcards
Focus on Witnesses and Hearsay, especially.
May a criminal defendant introduce evidence that his/her character is inconsistent with the crime charged using specific acts of conduct?
No, they may only use reputation or opinion evidence.
What does it mean for a criminal defendant to “open the door”?
A criminal defendant opens the door for the prosecution to introduce evidence of the defendant’s bad character 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.
Can a mandatory instruction of an element of a charged crime be given by the judge in a jury case?
No, the US Supreme Court has ruled that it is a violation of due process for a judge to give a mandatory jury instruction in a criminal case on an element of the charged crime.
May a SIC (specific instance of conduct) be proven with extrinsic evidence?
No, UNLESS the SIC invovles conviction for a felony of crime or dishonesty.
