Character Flashcards
What is character evidence?
Evidence that refers to a persons general propensity (ex., honesty, fairness, peacefulness, violence)
Is character evidence admissible?
Generally no, but for a few exceptions
What exception allows character evidence in?
Prove character in situation where their character is directly at issue in the case
Who can prove D’s character in a civil case?
No one!
Who can prove D’s character in a criminal case?
The D can introduce evidence of their own good character to show their innocence. This allows the prosecution to rebut with evidence of D’s bad character.
How can the D prove character in a criminal case?
D can use a character W to testify to the D’s good REPUTATION for a PERTINENT TRAIT and may give OPINION
Once the D opens the door by offering evidence of good character, how can the prosecution bring in evidence of bad character?
Prosecution can cross-examine D’s character witness and ask if they heard about SPECIFIC ACTS (to show character W’s lack of knowledge) and can bring in their own character W’s to provide REPUTATION or OPINION about the trait in question
When can D offer evidence of V’s character?
Never in sexual assault cases!
Other cases - can bring in REPUTATION and OPINION evidence to show bad character of V when relevant to show self-defense and argues V was the first aggressor
What can the prosecution do if D brings in bad character evidence of the V?
The prosecution can respond with REPUTATION or OPINION of the V’s good character of the same trait or D’s bad character for the same trait
Can evidence of V’s character be brought in for non-character purpose?
Yes, to show D’s state of mind at the time of the altercation. If D knew that V had a violent reputation, evidence of V’s reputation or acts may be admitted to prove D acted reasonably in responding to the V’s aggression
When can the prosecution offer evidence of V’s good character without D offering evidence of V’s bad character first?
HOMICIDE CASE after ANY evidence that V was the first aggressor
Is evidence to prove sexual assault V’s sexual behavior or sexual disposition admissible?
No! But there are exceptions in criminal and civil cases.
What is the criminal case exception to the exclusion of sexual assault V’s sexual behavior or sexual disposition?
Admissible to prove that someone other than the D is the source of semen, injury or other physical evidence.
Specific instances of sexual behavior between V and D are admissible by the prosecution for any reason and by D to show consent
What is the civil case exception to the exclusion of sexual assault V’s sexual behavior or sexual disposition?
Admissible if its PROBATIVE VALUE SUBSTANTIALLY OUTWEIGHS the danger of harm to the V and of unfair prejudice to any party. This is reverse Rule 403 and favors excluding evidence)
Is character evidence admissible in civil cases?
NO, not to show that a person acted in conformity with that trait. Only when character is an essential element (defamation, negligent hiring/entrustment, child custody)
