Answer to Question 1
b
Answer to Question 2
Character evidence is generally not admissible for the demonstration of guilt, with a few exceptions. One exception occurs with the character evidence is that of the defendant's or victims pertinent trait, however, in both circumstances the opposing counsel can rebut the presentation of the evidence. In a homicide case the prosecutor could introduce the victim's character as being a peaceful person, so as to show they were not the aggressor. Witness testimony of character can be presented under Rules 607, 608, and 609 . Character evidence can be presenting in a criminal case if it serves the purpose of proving a motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. Character evidence may also be presented if it shows a habit or routine practice. Submittal of character evidence, in general, must not be entered just to prejudice the jury or court. Rape shield laws were legislated in essence for this. Child molestation cases do allow for bad acts or uncharged crimes to be entered as evidence when the defendant is being charged with child molestation; same as prior abuse in a battered child case.
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