MBE Tip of the Day: Evidence

Answer to the Evidence MBE Question

Subject: Evidence

Legal Issue: Admissibility of character evidence

Legal Rule and Analysis: In general, character evidence is not admissible to prove that a defendant acted in accordance with that character at a particular time.  However, character evidence is admissible in certain situations.  Beyond the general rules for criminal cases (in which the defendant typically has to open the door before character evidence is admissible by the prosecution), there are special rules for certain types of cases and when the character of the victim is involved.  When a defendant is claiming self-defense, the defendant may introduce reputation or opinion evidence regarding the victim’s character for violence in an attempt to demonstrate that the victim was the initial aggressor.  In response, the prosecution can either introduce reputation or opinion evidence of the victim’s character for peacefulness, or introduce reputation or opinion evidence of the defendant’s character for violence.

In this case, the defendant is claiming self-defense and arguing that the victim was the initial aggressor.  Thus, the defendant was entitled to introduce evidence of the victim’s reputation for violence.  In response, the prosecution could either introduce evidence of the victim’s character for peacefulness, or introduce evidence of the defendant’s character for violence (in the form of reputation or opinion evidence).  The prosecutor is seeking to call a character witness to testify that the defendant has a reputation for being violent.

Conclusion: The prosecution’s actions are proper as when a defendant attacks the character of the victim, the prosecution is permitted under the rules to attack the same character trait in the defendant.

Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided. 

The answer choice (A) is therefore correct. (B) is incorrect because just claiming self-defense alone does not automatically put the defendant’s character for violence in issue.  The defendant must attack the victim’s character first.  (C) is incorrect because this is one of those special cases where the defendant is attacking the victim’s character in order to prove self-defense.  When the defendant attacks the victim’s character, it allows the prosecution to attack the defendant’s character trait on that same issue. (D) is incorrect because the prosecution is not limited to just rehabilitating the victim’s character.

MBE Tip: Be on the lookout for situations that are specifically singled out in the Rules!  These are scenarios that the Examiners love to present you with in order to test how well you understand not only the general legal principles, but also what situations are deemed exceptions.  Memorize the rules and their exceptions thoroughly, and then read the facts carefully so that you identify exactly what kind of situation you are in!