Character Evidence in Criminal Cases Flashcards
1
Q
When is the door open for the prosecution to bring up character evidence against a criminal defendant?
A
- (1) criminal defendant brings up evidence of their own pertinent character trait
- (2) criminal defendant introduces evidence of the victim’s pertinent character
2
Q
When is a character trait sufficiently pertinent?
A
- “Pertinent” is determined by what crime the defendant is charged with; does the good character trait relate to the crime charged?
o If it is a crime of violence, then peacefulness is the pertinent trait, but being a good father is not.
o In a fraud case, honesty is the pertinent trait, but propensity for violence is not.
3
Q
What kind of character evidence may a criminal defendant use to prove their good character?
A
- Reputation or opinion evidence of Defendant’s good character to prove innocence is permitted; specific acts are NOT permitted.
4
Q
What is the most common attack against the victim’s good character?
A
- Criminal defendants will often bring up evidence of the victim’s violent character to support a claim that the victim was the initial aggressor and that the defendant acted in self-defense.
5
Q
What kind of evidence may a criminal defendant use to attack the victim’s good character?
A
- Reputation or opinion only. NOT specific acts
6
Q
If the criminal defendant attacks a victim’s character, how can the prosecution respond?
A
- The prosecution may rebut by:
o (a) introducing good character evidence of victim on that same pertinent character trait, AND/OR
o (b) introducing bad character evidence of defendant through reputation or opinion evidence (though not specific acts)
7
Q
What is a special rule for character evidence in homicide cases?
A
- In a homicide case, if the defendant offers bad character evidence about the victim, then the prosecution is allowed to offer evidence of the victim’s good character. However, the door is NOT yet open for the prosecution to offer evidence of the D’s bad character
