Char Ev Flashcards
Is Character evidence admitted to prove that D acted in conformity with action of a prior occasion?
No
What kind of evidence can a W use to prove D’s conduct?
Reputational evidence only - also applies to prosecution’s rebuttal of Def or W.
Is Character Evidence admissible in Civil Cases?
Generally Not - found that probative value outweighed by danger of unfair prejudice.
Can Character Evidence be admitted if Character is an element of a crime?
Yes for
1) Defamation
2) Entrapment
3) Child Custody Cases
4) Criminal Cases
5) Negligent Entrustment
In what cases can Def. Lead with character?
Criminal cases.
Can prosecution introduce character evidence by Def in its case in chief?
No
How can D prove its character?
Reputation evidence only
In what types of cases can D show character of victim as circumstantial evidence that Victim is the aggressor?
Homicide or Assault
How can prosecute rebut the D’s character?
By cross examination or via a new witness that testified about reputation.
Is evidence of crimes or prior acts of misconduct generally admissible to prove criminal disposition?
No
Under what cases can the prosecution introduce specific acts?
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
If the prosecution will use specific prior acts, what is required?
Must give 10 days notice of intent to use it. D need not request notice.
What is the standard to admit similar acts?
Non character purposes
Similar acts should be strikingly similar and share some unique characteristic that sets it apart.
True or False: A prosecutor can ask W about prior bad acts that do not result in a conviction.
False
What is the rule regarding prior acts in child molestation or sexual assault cases?
Def.’s acts may be admissible for any relevant purpose even propensity.
Def. need not be convicted.
In what types of cases can child molestation or sexual assault cases be admitted?
Criminal only if the defendant is accused of the same crime.
Can be used for an relevant matter.
Can character evidence be admitted to show habit?
Yes but only to corroborate other evidence that show habit occured at that time.
Not admissible as direct evidence.
Is there an exception to the standard use of character evidence for habit?
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.
What is Rape Shield Statute?
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.
What are the exceptions to the Rape Shield Statute?
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.
True or False: In Florida, the victim’s character can be proved through opinion testimony?
False - only through reputation.
What crimes does the FL rape shield statute apply to?
Criminal sexual battery
Human trafficking
What is prevented from being used under the FL Rape Shield?
1) Reputation evidence about victim’s sexual conduct
2) Admissibility of specific instance of prior consensual act.
When can information about the victim’s past sexual conduct be admitted under FL rape statute?
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.
What is required in order to use other acts evidence?
Prosecution must give 10 days notice of intent to use evidence. Defendant need not ask for it.
What is the rule for similar acts evidence to be admissible?
Acts must be striking similar and share unique characteristics that set them apart.
When is evidence of prior acts of sexual assault or child molestation admissible?
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.
