New York Law (NYLE) Practice Exam

In criminal cases, when may a defendant introduce evidence of their good character?

1. Only if the prosecution raises the issue

2. At any point during trial

3. Prior to the trial beginning

4. Only during closing arguments

The correct answer is: Only if the prosecution raises the issue

In criminal cases, a defendant may introduce evidence of their good character particularly when the prosecution has first opened the door to such evidence. The rationale behind this rule is that character evidence is generally not admissible to prove that a person acted in conformity with that character on a specific occasion. However, if the prosecution introduces evidence to show that the defendant has a bad character or has committed bad acts, the defendant is then allowed to counter that by introducing evidence of their good character. This mechanism helps maintain a fair trial by preventing the prosecution from solely relying on negative character portrayals while denying the defendant the ability to present evidence that may exonerate them or mitigate their culpability. The timing of this evidence is crucial and must wait until the prosecution has initiated the discussion around the defendant’s character for the defendant to then introduce their good character evidence effectively.