Character Evidence Nuances in Criminal Cases

The general rule for character evidence in a criminal case (defendant can offer reputation or opinion evidence of good character, and the prosecution can rebut that evidence) is essential to understand. But there are also a couple of nuances that you should look out for, since the MBE does test nuances. 

First is to understand that not only can defendant offer evidence of a good character for defendant's own benefit (see above), but, in limited circumstances, defendant can introduce reputation or opinion evidence of a bad character trait of the alleged victim. This is allowed only if it is relevant to show the defendant's innocence. The most likely scenario will be when the defendant is claiming self defense. To show that the alleged victim was the first aggressor, it may be necessary for defendant to offer reputation or opinion evidence as to the alleged victim's character for violence, aggressiveness, etc. 

If this evidence is offered by the defendant, the prosecution may rebut with reputation or opinion evidence of the alleged victim's good character for the same trait or the defendant's bad character for the same trait. 

It's worth noting, and this is a bit counter-intuitive, that even if defendant has not opened the door by offering evidence of the bad character of the alleged victim, the prosecution can offer evidence of the good character of the alleged victim in a homicide case in which the defendant is claiming self defense. In other words, in a case in which the defendant has claimed that the alleged victim was the initial aggressor, the prosecution can offer evidence of the alleged victim's character for peacefulness. And this is true regardless of whether the defendant has introduced character evidence of the victim's propensity for violence. 

Another nuance to keep in mind is specific to sexual misconduct cases. In any proceeding involving sexual misconduct, evidence offered to prove the sexual behavior or sexual disposition of the victim is generally inadmissible. In a criminal case, however, specific instances of the alleged victim's sexual behavior are admissible to prove that someone other than the defendant is the source of semen, injury, or other physical evidence. Specific evidence of the sexual behavior between the alleged victim and the defendant are likewise admissible by the prosecution for any reason, and by the defense to prove consent.

In a civil case, evidence of the alleged victim's sexual behavior is admissible if it is not excluded by any other rule and if its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party. Evidence of the alleged victim's reputation for this purpose is admissible only if it has been placed into controversy by the victim.