Character Evidence Flashcards
Character Evidence
Evidence of a person’s character or a character trait is inadmissible in any case, civil or criminal, if offered to prove that the person acted in conformity with that character or trait
Evidence used to demonstrate a person’s character?
Opinion testimony
- Witness’ personal opinion
General community reputation testimony
- Views of those who live in the person’s community
Specific acts
Why may character evidence be introduced?
To prove person’s character when it is ultimate issue in the case
To prove a pertinent character trait of defendant or victim
To determine whether statement offered as character evidence is admissible steps:
Step One: Is it being offered for purpose of impeaching or rehabilitating? If not, go to Step Two.
Step Two: Is person’s character or character trait essential element of a charge, claim, or defense? Admissible. If not, go to Step Three.
Step Three: Is evidence being offered in a sexual misconduct or child molestation case? Admissible. If not, go to Step Four.
Step Four: Is evidence being offered in a criminal case and in the form or opinion or reputation? Admissible. If civil case and evidence is opinion or reputation, should be excluded. If evidence is past acts in criminal or civil, go to Step 5.
Step Five: Does evidence of past acts qualify as a habit or routine practice? Admissible. If not, go to Step Six.
Step Six: Can evidence of past acts be admitted for some other relevant purpose other than character (i.e. MIMIC)? Admissible. If not, should be excluded.
Admissibility of Character Evidence -
Step Two defined
Reputation, opinion, or specific act character evidence is admissible if:
Character trait is an essential element of the charge, claim, or defense
- Child custody
- Negligent hiring
- Negligent entrustment
- Defamation
Admissibility of Character Evidence -
Step Three defined
Exceptions: Victim’s Sexual History
Criminal Case:
- Evidence offered to prove the perpetrator was someone other than defendant
- Evidence offered to prove consent
- Evidence offered to avoid violation of defendant’s constitutional rights
Civil Case:
- If evidence’s probative value substantially outweighs the danger of unfair prejudice or other harm
Exceptions: Defendant’s Sexual History
Criminal or Civil Case:
- Evidence defendant commited any sexual assault. can be used for any relevant purpose (specific acts). Need not be a conviction
Admissibility of Character Evidence -
Step Four defined
Criminal Case:
1) Evidence is in the form of reputation or opinion testimony (NO past acts to show conformity with character trait)
2) Evidence concerns a pertinent character trait
3) Evidence is either:
- Offered by D to show D’s good character (V’s bad character)
- Offered by prosecution to show D’s bad character (V’s good character)
Admissibility of Character Evidence -
Step Four defined continued
Criminal Case:
4) Defendant opens the door or offered by prosecution in homicide case to show V’s character for peacefulness after evidence shown by D, V was first aggressor
5) Prosecution must rebut with opinion or reputation testimony:
- Evidence to prove Victim’s good character (trait in question)
- Evidence to prove Defendant’s bad character (trait in question)
- Cross examination of witness regarding specific acts to test witness knowledge of person’s character for the pertinent trait
Admissibility of Character Evidence -
Step Five defined
Criminal or Civil Case:
Does evidence offered show a person or organization acted in conformity with a habit or routine practice through
- Frequency of actions occurrence; or,
- Specificity of action
Admissibility of Character Evidence -
Step Six defined
Evidence of past acts may be admitted for some other relevant purpose:
“MIMIC” -
- Motive
- Opportunity
- Intent
- Preparation
- Mistake/Accident
- Identity
- Common plan
- Knowledge
