2. Character Evidence

Question 1

CIVIL CASES:

Answer 1

Evidence of a person’s character is generally inadmissible to prove that they acted in conformity with that character on a given occasion.

Substantive character evidence subject to greater admissibility restrictions than impeachment.

Question 2

CIVIL CASES: Exceptions

Answer 2

♣ Character at issue: when character is an essential element (e.g. defamation)

♣ Past acts of sexual assault or child molestation in cases of similar claims

Question 3

CRIMINAL CASES: Questioning Victim’s Character

Answer 3

Only D can “open the door” by introducing evidence of victim’s character to prove conduct. It’s only after this that the prosecution can rebut.

Question 4

CRIMINAL CASES: Questioning D’s Character

Answer 4

♣ Defense
• May introduce evidence of her good character.
o Must be pertinent to the crime charged
o Method: D can call witness to testify to D good character based on reputation or opinion (but not specific instances).

♣ Prosecution
• Cannot start the introduction of character evidence, except when:
o 1. Sexual assault/child molestation cases
o 2. If D first offered evidence of victim’s character
• Once D “opens the door” prosecution can rebut

Question 5

Prior Bad Acts: Common non-character uses of prior acts

Answer 5

MIMIC

♣	Motive
♣	Intent
♣	Mistake
♣	Identity (extremely similar or unique prior act) 
♣	Common plan or scheme

Question 6

Prior Bad Acts:

Answer 6

Prior bad acts are inadmissible unless they are relevant to an issue other than D’s character or criminal disposition. (exception: sexual assault cases).

Question 7

Rape Shield: Procedure

Answer 7

Must disclose intent to offer evidence, describe its purpose and notify victim 14 days before trial.

Question 8

Rape Shield:

Civil Cases

Answer 8

Reputation, opinion and specific instances of victim’s character are admissible if:

1. Probative value substantially outweighs unfair prejudice; and
2. In case of reputation evidence, P puts her reputation at issue.

Question 9

Rape Shield:

Criminal Cases

Answer 9

Inadmissible: reputation & opinion evidence

Almost always inadmissible: evidence to prove sexual behavior.
o Exception: specific instances of victim’s sexual behavior is admissible to show:

1. 3rd party is source of injury
2. Prior acts of consensual intercourse