4: Character evidence Flashcards
Exception: element of a claim or defense
Character evidence is admissible when character is an essential element of a claim or defense, rather than a means of proving a person’s conduct.
E.g.: defamation cases, which involve the character of the plaintiff.
Habit evidence
A habit is a person’s particular routine reaction to a specific set of circumstances, and may be admitted without corroboration and without an eyewitness.
Evidence of a person’s habit or an organization’s routine is admissible to prove that the person or organization acted in accordance with the habit or routine on a particular occasion.
Habit evidence must be specific.
Propensity evidence: criminal cases
In a criminal case, the prosecution is not permitted to introduce evidence of a defendant’s bad character to prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question.
Prior crimes and other wrongful acts: non-propensity uses
Evidence of a defendant’s crimes or other wrongful acts are admissible for a non-propensity purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident (“MIMIC”).
Specific acts: cross-examination
When a character witness is cross-examined, the court may allow a party to inquire into specific acts committed by the person about whom the witness is testifying.
Even on cross-examination, however, specific acts cannot be admitted to prove that, because the defendant had a propensity to commit crimes, the defendant committed the charged crime. Therefore, this evidence would also have been inadmissible during cross-examination.
Opinion testimony
Opinion testimony must be the witness’s own opinion of the party or witness.
Habit evidence: corroboration
Habit evidence may be admitted despite a lack of corroboration.
