5. Character Flashcards
Character Evidence - Civil Case
Character evidence is not admissible in a civil case unless character is directly at issue. A rape victim’s sexual character is not admissible unless the probative value substantially outweighs the harm to the victim. In CA, character evidence is inadmissible to prove a party’s conduct. In CA rape cases, a defendant cannot offer evidence of a plaintiff’s prior sexual conduct unless to prove prior sexual conduct with the defendant.
Character Evidence - Defendant’s Character Evidence in Criminal Case
In criminal cases, a defendant may introduce evidence of their character to support their innocence through reputation or opinion evidence. Evidence offered for purposes like motive, identity, absence of mistake, intent, knowledge, opportunity, common plan, or scheme is not considered character evidence.
Character Evidence - Cross-Examining Defendant’s Character Witness in Federal Cases
On cross-examination in federal cases, a prosecutor may inquire about the defendant’s reputation, the witness’s opinion about the defendant’s character, and the witness’s knowledge of specific acts of prior misconduct by the defendant, but cannot offer extrinsic evidence to contradict the character witness’s testimony.
Character Evidence - Rebuttal Character Witness in Federal Cases
In federal criminal cases, a prosecutor may elicit testimony regarding the defendant’s bad character through reputation or opinion from a rebuttal witness.
Character Evidence - Cross-Examination/Rebuttal Witness in CA
In CA, the prosecution may rebut a defendant’s evidence of good character with reputation or opinion evidence, but cannot elicit specific act evidence.
Character Evidence - Rape Victim’s Sexual Character
A rape victim’s sexual character is generally inadmissible, except in specific circumstances like proving someone other than the defendant is the source of evidence, consent, or the defendant’s reasonable belief in consent.
Character Evidence - Crime Victim’s Character in Federal Cases
In federal criminal cases, a defendant may introduce evidence of a bad character trait of the victim to support their innocence. The prosecution can offer evidence of the victim’s good character or evidence that the defendant possesses the same bad character trait.
Character Evidence - Homicide Victim’s Peaceful Character in Federal Cases
If a defendant pleads self-defense in a homicide case, the prosecution may rebut with evidence of the victim’s peaceful character through reputation or opinion evidence, but no specific acts of evidence.
Character Evidence - Crime Victim’s Violent Character in CA
In CA criminal cases, a defendant may introduce evidence of the victim’s violent propensity through opinion, reputation, or specific instance. The prosecution can rebut with evidence of the defendant’s own violent propensity.
Character Evidence - Domestic Violence and Elder Abuse in CA
In CA, the prosecution may offer evidence that a criminal defendant committed other acts of domestic violence or elder abuse to prove that the defendant committed the acts of which he is accused.
