Under the Federal Rules of Evidence, when may the prosecution introduce evidence of the defendant's bad character to suggest the defendant acted in conformity with that character on the occasion charged?
A police officer arrested D for an assault. At trial, D calls a witness who testifies that D is a peaceful person. The prosecution now wishes to offer testimony that D is in fact known in the community as a violent individual. Which of the following statements accurately states the governing rule?
The prosecutor may never introduce character evidence to prove conduct in conformity with that character in a criminal case.
The prosecutor may do so whenever the court gives a limiting instruction telling the jury to consider the evidence only for propensity.
The prosecutor may do so only after the defendant has introduced evidence of a pertinent trait of the defendant's own character, and then only to rebut that trait.
The prosecutor may do so whenever the defendant's character is relevant to any element of the charged offense.
Federal Rule of Evidence 404(a)(2)(A) permits a criminal defendant to offer evidence of a pertinent trait of the defendant's own character. If-and only if-the defendant "opens the door" in this way, the prosecutor may rebut with evidence of the defendant's bad character concerning the same trait. Outside that circumstance, the prosecution is barred from using character evidence merely to show propensity. Answer B therefore states the correct limitation, while the other options either allow character evidence too broadly (A and D) or forbid it altogether (C).
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What does it mean to 'open the door' in legal terms?
Open an interactive chat with Bash
How does the prosecution use character evidence to rebut the defendant's claims?
Open an interactive chat with Bash
Are there any specific rules governing the admissibility of character evidence?