Question: Review the supplemental information using the links provided below. Character Evidence in Criminal Trials https://www.nolo.com/legal-encyclopedia/as-defendant-can-i-offer-evidence-good-character.html Character Evidence Video https://www.youtube.com/watch?v=ccrS5iAQOWA Create a PowerPoint presentation that includes
Review the supplemental information using the links provided below.
Character Evidence in Criminal Trials
- https://www.nolo.com/legal-encyclopedia/as-defendant-can-i-offer-evidence-good-character.html
Character Evidence Video
- https://www.youtube.com/watch?v=ccrS5iAQOWA
Create a PowerPoint presentation that includes speaker notes.
You are the judge in the following cases - what would your ruling regarding the Character Evidence be and why? Support your position.
Scenario 1: The Hot-headed Husband
The Prosecutor in a murder case has charged John Doe with killing his wife in a fit of rage. He allegedly stabbed her to death. One of the law enforcement officers has informed the Prosecutor that he found out the defendant had been in a bar fight 3 years earlier and had seriously injured someone. The defense attorney objects regarding this testimony alleging it is Improper Character Evidence. What is your legal ruling and why?(Hint - dissect and use Evidence Rule 404)
Scenario 2: The Bar Fight
During a heated argument in a bar, one patron, John, allegedly assaulted another, Mike, causing serious injuries. At John's trial, the prosecution wants to introduce evidence that John was involved in a similar bar fight three years ago, arguing that this shows a pattern of violent behavior. John's defense attorney objects, stating that this is improper character evidence intended to make John look bad rather than proving he committed the current assault.
Is the evidence of John's past bar fight admissible, or is it improper character evidence? Explain your reasoning.
Scenario 3: The Shoplifting Incident
Emily is accused of shoplifting several items from a local department store. The prosecution seeks to present evidence that Emily was caught shoplifting at a different store two years ago, suggesting that she has a propensity for theft. Emily's defense argues that this evidence is irrelevant to the current charges and is merely being used to unfairly prejudice the jury against her.
Should the court allow the evidence of Emily's prior shoplifting incident? Is it improper character evidence? Justify your answer.
Scenario 4: The Embezzlement Case
David, an accountant, is on trial for embezzling funds from his employer. The prosecution wants to introduce testimony from a former employer stating that David was fired from a previous job for "questionable accounting practices" but was never charged with a crime. David's attorney argues that this testimony is inadmissible character evidence meant to cast doubt on David's integrity rather than proving he embezzled in this case.
Is the former employer's testimony about David's previous job admissible, or does it constitute improper character evidence? Explain your decision.
Scenario 5: The Drug Possession Charge
Lisa is charged with possession of illegal drugs after police found narcotics in her car during a traffic stop. The prosecution intends to present evidence that Lisa was previously arrested for drug possession five years ago but was not convicted. Lisa's lawyer contends that this evidence is irrelevant to the current charge and only serves to paint Lisa as a habitual drug user.
Determine whether the evidence of Lisa's prior drug possession arrest is admissible or if it is improper character evidence. Provide your reasoning.
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