Character Flashcards
TYPES OF CHARACTER EVIDENCE
Character evidence refers to a person’s general propensity or disposition (such as for honesty, fairness, peacefulness, or violence).
Methods of Proving Character
Depending on the purpose of the offer and the nature of the case, some or all of the following methods of proving character may be allowed:
* Evidence of the person’s specific acts;
* Opinion testimony of a witness who knows the person; and
* Testimony as to the person’s general reputation in the community
DEFENDANT’S CHARACTER IN CRIMINAL CASE
The prosecution cannot initiate evidence of the defendant’s bad character to show conduct in conformity. In other words, they can’t introduce such evidence during their case-in-chief to show that it
is within the defendant’s character to commit the charged crime. However, because the defendant’s life or liberty is at stake, the defendant is permitted to introduce evidence of their own good character to show their innocence. If the defendant introduces
evidence of their good character, then the prosecution can rebut with evidence of the defendant’s bad character
Prosecution’s Options—Cross-Examination of
Defendant’s Character Witness and Rebuttal
Once the defendant opens the door by introducing character evidence, the prosecution can take either or both of the following actions:
* The prosecution can cross-examine the defendant’s character witness regarding the basis for their testimony by asking “Have you heard?” or “Did you know?”
VICTIM’S CHARACTER IN CRIMINAL CASE
Except in sexual assault cases the defendant may introduce reputation or opinion evidence of a bad character trait of the alleged crime victim when it is relevant to show the defendant’s innocence.
Prosecution Rebuttal
Once the defendant has introduced evidence of a victim’s bad character for a pertinent trait (usually violence), the prosecution may rebut with reputation or opinion evidence of:
* The victim’s good character for the same trait, or
* The defendant’s bad character for the same trait
Other Evidence of VICTIM’S CHARACTER
evidence of a victim’s character might also be offered for a non-propensity purpose—to prove the defendant’s state of mind at the time of the altercation. If the defendant knew at the time of the
altercation that the victim had a violent reputation or had committed violent acts in the past, evidence of the victim’s reputation or acts
When Prosecution Can Initiate—Rebutting
Self-Defense Claim in Homicide Case
In a homicide case in which the defendant pleads self-defense, evidence of any kind (not just character evidence) that the victim was the first aggressor (for
example, eyewitness testimony that the victim struck first) opens the door to evidence that the victim had a good character for peacefulness
Admissible When Character Directly in Issue
When proof of a person’s character, as a matter of substantive law, is an essential element of a claim or defense, it is said that character is “directly in issue.” This is rare, and for bar exam purposes is generally
limited to:
* Defamation cases where truth is a defense (plaintiff’s character is at issue);
* Negligent hiring or entrustment cases (hired/entrusted person’s character is at issue); and
* Child custody cases (parents’ character is at issue)
Admissible If Independently Relevant (MIMIC
Evidence)
Evidence of a person’s other crimes, wrongs, or acts is admissible if relevant to some issue other than their character or propensity to commit the crime charged (or the alleged act in civil cases).
Non-character purposes for offering the evidence may include motive (for example, burning a building to hide embezzlement), intent (to show guilty knowledge or lack of good faith), absence of mistake or accident, identity (for example, “signature” crimes/modus
operandi), or common plan or scheme (usually, committing one crime to prepare for another).
MIMIC evidence is admissible
MIMIC evidence is admissible only if the defendant is
actually contesting the non-character issue (for example, identity or intent). Also remember that if a MIMIC category is satisfied, the prosecution may use the evidence of misconduct as part of its case-in-chief. In other words, because MIMIC evidence is being offered for a non-propensity purpose, it is admissible even if the defendant does not “open the door” to character evidence.
DEFENDANT’S SIMILAR MISCONDUCT IN SEX-CRIME
CASES
Evidence of a defendant’s other acts of sexual assault or child molestation is admissible in a criminal or civil case where the defendant is accused of committing an act of sexual assault or child molestation.
