Character

Question 1

What is the general rule for character evidence

Answer 1

It is inadmissible to show propensity

Question 2

How can character evidence be introduced in criminal cases

Answer 2

The defendant has to open the door by introducing evidence of his good/ peaceful character with opinion or reputation testimony (no specific acts)

Question 3

What are the prosecutions options once the defendant opens the door?

Answer 3

Can rebut the evidence by cross examining the defense witness and inquiring into specific acts about the pertinent trait; OR introduce its own witness to give opinion or reputation testimony about the defendants pertinent trait

Question 4

What is the character evidence rule for civil cases?

Answer 4

Inadmissible unless character is directly in issue

Question 5

When is character directly in issue

Answer 5

Where character trait makes up an essential element of the plaintiffs claim (defamation, negligent entrustment, child custody, fraud)

Question 6

Prior bad acts

Answer 6

Generally, inadmissible to prove propensity, but can be offered for some other relevant non character purpose

Question 7

What are non character purposes for admitting prior acts?

Answer 7

MIMIC (motive, identity, mistake, intent, common plan)

Question 8

What are the requirements for introducing MIMIC evidence?

Answer 8

Can be proved by any evidence BUT there must be sufficient evidence to support a jury finding that the defendant committed The acts.

Question 9

Defendants similar conduct in sex crimes

Answer 9

If defendant is being charged w sexual assault or child molestation then other acts of the same are admissible in a criminal or civil case against the defendant.