Question 1

Character evidence is considered highly prejudicial.

Accepted Answer

Character evidence is often seen as prejudicial because it can unfairly sway the jury by suggesting a person acted in a certain way on a particular occasion based on their character or past behavior, rather than focusing on the evidence related to the specific incident in question.

Question 2

Once the defendant opens the door by introducing evidence of a pertinent character trait, the prosecutor may rebut this evidence with evidence of the same trait.

Accepted Answer

In legal proceedings, if a defendant introduces evidence of a particular character trait to support their defense, the prosecution is then allowed to introduce evidence to rebut or challenge that same character trait. This is based on the principle that if one party raises an issue about a character trait, the opposing party is entitled to contest it with relevant evidence.

Question 3

Under Federal Rule 405(b), a witness is permitted to testify about specific acts of the defendant's conduct.

Accepted Answer

Federal Rule of Evidence 405(b) generally limits the use of evidence of specific instances of a person's conduct to cases where the person's character or character trait is an essential element of a charge, claim, or defense, rather than allowing broad testimony about specific acts of the defendant's conduct in all situations.

Question 4

Under Federal Rule 405(a), proof of character may be made by testimony as to the reputation in the community at the time charges are filed against the defendant or by the witness's personal opinion.

Accepted Answer

Federal Rule of Evidence 405(a) allows for the proof of a person's character to be made through testimony about that person's reputation in the community or by testimony in the form of an opinion. This rule is applicable when character evidence is admissible, typically in cases where a person's character is directly at issue or in certain circumstances where character evidence is used to support a claim or defense.

Question 5

Habit is a type of character evidence.

Accepted Answer

The answer of Habit is a type of character evidence....

Question 6

An act under the other acts exception must have occurred prior to the commission of the crime for which the defendant is being charged.

Accepted Answer

The "other acts" evidence, as outlined in rules like the Federal Rules of Evidence 404(b), does not need to have occurred prior to the crime being charged. It can include acts that happened before, during, or after the charged crime, as long as they are relevant to proving something like motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Question 7

The prosecution is barred from attacking the character of the accused unless the defendant "opens the door" by offering evidence of a pertinent character trait.

Accepted Answer

This principle is based on the idea that the prosecution cannot introduce evidence of the defendant's character to prove that on a particular occasion, the defendant acted in conformity with that character, unless the defendant first introduces such evidence. This is often referred to as "opening the door" to character evidence.

Question 8

Evidence of the victim's character is limited to reputation or opinion evidence.

Accepted Answer

Evidence of the victim's character is limited to reputation or opinion evidence because such evidence is generally not relevant to the issue of whether the defendant committed the crime charged.

Question 9

Under the Federal Rules of Evidence, in a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut any evidence that the alleged victim was the first aggressor and does not have to wait for the defendant to place the character of the victim at issue.

Accepted Answer

Under the Federal Rules of Evidence, specifically Rule 404(a)(2)(C), in a homicide case, the prosecutor is allowed to offer evidence of the alleged victim's peaceful character to rebut evidence that the victim was the first aggressor, without waiting for the defendant to first introduce character evidence about the victim.

Question 10

Evidence of prior criminal acts is never admissible.

Accepted Answer

Evidence of prior criminal acts can be admissible under certain circumstances, such as to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, depending on the rules of evidence applicable in the jurisdiction.

Question 11

John always adjusts the rearview mirror before backing out of his driveway. John's actions can be introduced as character evidence.

Accepted Answer

Character evidence refers to testimony or documents that give information about a person's character, traits, or reputation in order to suggest that they acted in a consistent manner on a particular occasion. John adjusting the rearview mirror before backing out of his driveway is a specific action that demonstrates safety consciousness or habit, rather than character evidence intended to prove behavior in conformity with a character trait.

Question 12

Witnesses testified that on 2 previous occasions, they heard Bob threaten to harm the neighbors' dog. This evidence can be introduced at Gary's trial for killing the dog as circumstantial evidence that Bob killed the dog.

Accepted Answer

This evidence can be introduced as circumstantial evidence to suggest Bob had a motive or inclination to harm the dog, which could indirectly indicate his involvement in the dog's death.

Question 13

Gary is on trial for raping Mary. Gary's attorney intends to offer into evidence his past sexual activity with the victim as evidence of Mary's consent. Under the federal rape shield law, Gary's attorney's efforts to get this information into evidence will be successful.

Accepted Answer

The answer of Gary is on trial for raping Mary....

Question 14

The rape shield laws may at times conflict with the defendant's constitutional right to confront his or her accusers.

Accepted Answer

Rape shield laws, which limit or prohibit the use of evidence regarding a victim's sexual history, can sometimes conflict with a defendant's Sixth Amendment right to confront witnesses, as these laws may restrict the defendant's ability to challenge the credibility of the accuser.

Question 15

Identify two types of circumstantial evidence that can be admitted into evidence to show the defendant had the ability to commit the crime.

Accepted Answer

The answer of Identify two types of circumstantial evidence that...

Question 16

What can a person's habit be admitted into evidence to establish?

Accepted Answer

The answer of What can a person's habit be admitted...

Question 17

Why is the defendant's past criminal history generally inadmissible?

Accepted Answer

The answer of Why is the defendant's past criminal history...

Question 18

Bob is on trial for raping Mary. Bob's attorney wants to question Mary about her past sexual history. Can he do so? Explain.

Accepted Answer

The answer of Bob is on trial for raping Mary....

Question 19

During plea negotiations, Smyth offered to plead guilty to one count of robbery in exchange for the prosecutor agreeing to drop the other two charges against him. The prosecutor refused the offer and set the case for trail. At trial, the prosecutor wants to introduce as evidence the defendant's offer to plead guilty to the robbery. Can the prosecutor introduce this evidence? Support your response.

Accepted Answer

The answer of During plea negotiations, Smyth offered to plead...

Question 20

Discuss situations when the defendant's behavior after a crime was committed can be circumstantial evidence of a consciousness of guilt.

Accepted Answer

The answer of Discuss situations when the defendant's behavior after...

Quiz 4: Direct and Circumstancial Evidence