Char Ev

Question 1

Is Character evidence admitted to prove that D acted in conformity with action of a prior occasion?

Answer 1

No

Question 2

What kind of evidence can a W use to prove D’s conduct?

Answer 2

Reputational evidence only - also applies to prosecution’s rebuttal of Def or W.

Question 3

Is Character Evidence admissible in Civil Cases?

Answer 3

Generally Not - found that probative value outweighed by danger of unfair prejudice.

Question 4

Can Character Evidence be admitted if Character is an element of a crime?

Answer 4

Yes for

1) Defamation
2) Entrapment
3) Child Custody Cases
4) Criminal Cases
5) Negligent Entrustment

Question 5

In what cases can Def. Lead with character?

Answer 5

Criminal cases.

Question 6

Can prosecution introduce character evidence by Def in its case in chief?

Answer 6

No

Question 7

How can D prove its character?

Answer 7

Reputation evidence only

Question 8

In what types of cases can D show character of victim as circumstantial evidence that Victim is the aggressor?

Answer 8

Homicide or Assault

Question 9

How can prosecute rebut the D’s character?

Answer 9

By cross examination or via a new witness that testified about reputation.

Question 10

Is evidence of crimes or prior acts of misconduct generally admissible to prove criminal disposition?

Answer 10

No

Question 11

Under what cases can the prosecution introduce specific acts?

Answer 11

For non-character purposes to prove

1) Motive/Bias
2) Intent
3) Mistake -absence of
4) Identity
5) Common Scheme or plan
6) Guilty Conscience
7) Opportunity or Prep

Question 12

If the prosecution will use specific prior acts, what is required?

Answer 12

Must give 10 days notice of intent to use it. D need not request notice.

Question 13

What is the standard to admit similar acts?

Answer 13

Non character purposes

Similar acts should be strikingly similar and share some unique characteristic that sets it apart.

Question 14

True or False: A prosecutor can ask W about prior bad acts that do not result in a conviction.

Answer 14

False

Question 15

What is the rule regarding prior acts in child molestation or sexual assault cases?

Answer 15

Def.’s acts may be admissible for any relevant purpose even propensity.

Def. need not be convicted.

Question 16

In what types of cases can child molestation or sexual assault cases be admitted?

Answer 16

Criminal only if the defendant is accused of the same crime.

Can be used for an relevant matter.

Question 17

Can character evidence be admitted to show habit?

Answer 17

Yes but only to corroborate other evidence that show habit occured at that time.

Not admissible as direct evidence.

Question 18

Is there an exception to the standard use of character evidence for habit?

Answer 18

Yes - Business Practice Exception: Habit can come in as direct evidence to show the practice of an organization and to prove it acted in accordance with the routine.

Question 19

What is Rape Shield Statute?

Answer 19

Applies to criminal sexual battery/human trafficking.

Prohibits reputation evidence about the victim’s conduct.

Limits evidence re: prior consensual acts between victim and third party.

Question 20

What are the exceptions to the Rape Shield Statute?

Answer 20

May be allowed in after in camera review if
1) Use to prove that defendant is not the source of the semen/injury/pregnancy
or
2) similar pattern of conduct by victim that tends to establish consent.

Question 21

True or False: In Florida, the victim’s character can be proved through opinion testimony?

Answer 21

False - only through reputation.

Question 22

What crimes does the FL rape shield statute apply to?

Answer 22

Criminal sexual battery

Human trafficking

Question 23

What is prevented from being used under the FL Rape Shield?

Answer 23

1) Reputation evidence about victim’s sexual conduct

2) Admissibility of specific instance of prior consensual act.

Question 24

When can information about the victim’s past sexual conduct be admitted under FL rape statute?

Answer 24

After in camera proceeding if:
1) Proves Defendant was not the source of injury, semen, pregnancy, disease

2)Similar conduct by Victim tends to establish consent.

Question 25

What is required in order to use other acts evidence?

Answer 25

Prosecution must give 10 days notice of intent to use evidence. Defendant need not ask for it.

Question 26

What is the rule for similar acts evidence to be admissible?

Answer 26

Acts must be striking similar and share unique characteristics that set them apart.

Question 27

When is evidence of prior acts of sexual assault or child molestation admissible?

Answer 27

Criminal cases only.

Defendant is accused of the same type of act.

If admissible can be considered for any matter that it is relevant to.