Problems of unfair prejudice often can be resolved by offering the evidence in

Problems of unfair prejudice often can be resolved by

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Problems of unfair prejudice often can be resolved by offering the evidence in a matter that retains the probative value, while reducing the danger of unfair prejudice. In this example, the defense might stipulate to the location of the wounds and the cause of death. Therefore, the relevant aspects of the photographs would come in, without the unduly prejudicial effect. Rule 202: CHARACTER . Evidence about the character of a party or witness may not be introduced unless the person’s character is an issue in the case or unless the evidence is being offered to show the truthfulness or untruthfulness of the party or witness. Evidence of character to prove the person’s propensity to act in a particular way is generally not admissible in a civil case. In a criminal case, the general rule is that the prosecution cannot initiate evidence of the bad character of the defendant to show that he or she is more likely to have committed the crime. However, the defendant may introduce evidence of her good character to show that she is innocent, and the prosecution may offer evidence to rebut the defense’s evidence of the defendant’s character. With respect to the character of the victim, the general rule is that the prosecution cannot initiate evidence of the character of the victim. However, the defendant may introduce evidence of the victim’s good or (more likely) bad character, and the prosecution may offer evidence to rebut the defense’s evidence of the victim’s character.
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2018-2019 Mock Trial Case (Final Version Nov 5 2018) Includes all corrections made as of FEB 7, 2019 31 Examples: A limousine driver is driving Ms. Daisy while he is intoxicated and gets into a car accident injuring Ms. Daisy. If Ms. Daisy sues the limousine company for negligently employing an alcoholic driver, then the driver’s tendency to drink is at issue. Evidence of the driver’s alcoholism is admissible because it is not offered to demonstrate that he was drunk on a particular occasion. The evidence is offered to demonstrate that the limousine company negligently trusted him to drive a limousine when it knew or should have known that the driver had a serious drinking problem. Sally is fired and sues her employer for sexual harassment. The employer cannot introduce evidence that Sally experienced similar problems when she worked for other employers. Evidence about Sally’s character is not admissible to prove that she acted in conformity with her prior conduct, unless her character is at issue or it relates to truthfulness. If an attorney is accused of stealing a client’s money, he may introduce evidence to demonstrate that he is trustworthy. In this scenario, proof of his trustworthiness makes it less probable that he stole the money. Richard is on trial for punching his coworker, Larry, during an argument. The prosecution wants to offer that Richard has, in the past, lost his temper and has neared physical altercations. This evidence constitutes character
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