Bar Exam — MBE (Multistate Bar Exam)EvidenceHard
A defendant is on trial for assault. During the defense's case, the defendant calls a witness to testify that the victim has a reputation in the community for being a violent and aggressive person. The prosecutor objects. Which of the following is the most appropriate ruling by the court?
- ASustained, because character evidence is generally inadmissible in a criminal trial.
- BOverruled, but only if the defendant also testifies about the victim's aggressive nature.
- CSustained, because reputation evidence is not a permissible way to prove character.
- DOverruled, because the defendant is allowed to introduce evidence of the victim's pertinent character trait.
Show answer & explanationAnswer & explanation
Correct answer: D. Overruled, because the defendant is allowed to introduce evidence of the victim's pertinent character trait.
In a criminal case, the defendant may offer evidence of a pertinent character trait of the victim. If the defendant opens the door, the prosecutor may then offer evidence to rebut it. Reputation is a permissible method of proving character.
Why the other options are wrong
- A. While character evidence is generally inadmissible to prove conduct in conformity therewith, exceptions exist, including for the victim's character when offered by the defendant.
- B. The defendant's ability to introduce evidence of the victim's character is not contingent on the defendant personally testifying about it; it can be introduced through other witnesses.
- C. Reputation is explicitly listed as a permissible method of proving character under FRE 405(a).
Victim's Character Evidence (Criminal Cases)
In a criminal case, the defendant may offer evidence of the victim's pertinent character trait (e.g., violence in an assault case) to show the victim was the initial aggressor.
- Offered by the defendant to prove the victim's conduct.
- Must be a 'pertinent' trait (relevant to the charges).
- Can be proven by reputation or opinion testimony (FRE 405(a)).
- If defendant opens the door, prosecutor can rebut with evidence of victim's good character or defendant's bad character.
Memory trick: Character evidence: General rule is NO, unless it's an EXCEPTION for a PERTINENT TRAIT.