14. Character Evidence & Misconduct

Question 1

How may character be proven?

Answer 1

Specific acts

Opinion testimony
- Witness’ personal opinion

General community reputation testimony
- Views of those who live in the person’s community

Question 2

Why may character evidence be introduced?

Answer 2

To prove person’s character when it is ultimate issue in the case

To serve as circumstantial evidence of how person probably acted
- Difficult to prove in terms of relevance

Question 3

When may character evidence be introduced in civil cases?

Answer 3

Character must be ‘directly’ in issue (essential element of claim/defence)

• Child custody
• Negligent hiring
• Negligent entrustment
• Defamation

NOT to show actor probably acted according to her prior behaviour pattern
- Waste of time in examining collateral issues

Question 4

How may defendant’s character be introduced in criminal cases?

Answer 4

1) Witness must open door for D’s character for rebuttal/impeachment (places character in issue)
- Testify re D’s good character for ‘trait in question’
- Give personal opinion re D’s trait in question
- Testify that W ‘heard’ of specific acts of misconduct (NOT direct testimony)

2) Prosecution must rebut D’s good character
- Cross-examine W re basis for his opinion/knowledge of D’s reputation
- Call own W to testify to D’s bad character/give opinion testimony re D’s character
- NOT extrinsic evidence

Question 5

How may victim’s character be introduced in criminal cases?

Answer 5

1) Witness must open door for Victim’s bad character for rebuttal
- Opinion/Reputation testimony
- Evidence to show Victim was first aggressor (Homicide - Self-defence)
- NOT rape victim’s bad character

2) Prosecution must rebut
- Opinion/Reputation testimony
- Evidence to prove Victim’s good character (trait in question)
- Evidence to prove Defendant’s bad character (trait in question)

Question 6

What is the difference between offering character evidence in criminal and civil cases?

Answer 6

Criminal case

• Character trait must be in issue => Places character in issue
• Defendant introduces character evidence

Civil case

• Character must be in issue
• Plaintiff/Defendant introduces character evidence

Question 7

How may specific instances of misconduct be introduced?

Answer 7

1) Criminal/Civil case

2) Either;
- Crime
- Misconduct (sufficient evidence to support jury finding that D committed uncharged crime)

3) Probative value > Danger of unfair prejudice

4) Prosecution must provide reasonable notice before trial re general nature of such evidence
- Criminal cases

5) Prove certain relevant items relevant to crime charged (NOT person’s character/disposition to commit crime)
- Motive
- Intent
- Mistake/Accident
- Identity
- Common plan

Question 8

How may prior acts of sexual assault/child molestation be introduced?

Answer 8

1) D is charged with sexual assault/child molestation
2) Party introducing act must disclose evidence to Defendant (15 days before trial)
3) Criminal/Civil proceedings