Unit 2 DB Introduction to American Court System Essay

Unit 2 DB Introduction to American Court System - Essay Example In other words, the Rules are purposeful in eliminating evidences that may lead to unfair prejudice against a party. One case that illustrates inadmissibility of character evidence in a criminal proceeding is the Greenberg v. Aetna Ins. Co., 427 Pa. 494, 235 A.2d 582 (1967) in which it was established that the plaintiff was erroneously permitted to testify that he had a a heroic record having served in the U.S. army during WWII (Pacode, N.d.). The admissibility of character evidence in respect of a rape victim as presented by a defendant is limited if the court case is for assault, intent to commit rape or rape. If the defendant seeks to use opinion or reputation evidence to show the sexual conduct of the rape victim, the character evidence remains inadmissible (Scott, 2000) as it may be inflammatory. The defendant, however, may only enjoy admissibility of character evidence if they intend to show specific instances of behaviour by a sex victim in proof of the claim that a party different from the defendant was the source of injury, semen or other physical evidence. Alternatively, the defendant may enjoy admissibility of character evidence to show that their sexual behaviour with the victim was consented to by both parties. In the two cases, the evidence is used solely to prove the defendant’s