Character Evidence

Question 1

Criminal Cases/Good Character

Answer 1

In criminal cases, a defendant is permitted to introduce evidence that he possess a character that is inconsistent with the crime charged [good character].

Question 2

Criminal Cases/Rebut Good Character

Answer 2

In criminal cases, the prosecution may rebut defendant’s good character evidence with opinion testimony and prior crimes or misconduct. (But remember: Prior crimes or misconduct is always subject to the balancing probative vs. unfair prejudice test)

Question 3

Criminal Cases/Prior Crimes Misconduct

Answer 3

In criminal cases, the prosecution may introduce defendants’ prior crimes or misconduct if relevant to some issue other than the defendant’s disposition to commit the crime charged. For example, it may be shown to show intent, common scheme or plan, motive, identity, lack of mistake or accident, or knowledge. - [I C MILK]

Question 4

Criminal Cases/Identity

Answer 4

Identity refers prior crimes or misconduct that is so distinctive it connects defendant to the crime. It operates as a signature.