Character Evidence

Question 1

When can CE be offered as substantive rather than impeachment evidence?

Answer 1

1. to prove character when it is the ultimate issue in the case; or
2. to serve as circum. ev. of how a person probably acted

Question 2

What are the means of proving character?

Answer 2

1. evidence of specific acts
2. opinion test.
3. reputation test.

Question 3

Is evidence of character generally adm. by either party to prove the conduct of a person in a CIVIL case?

Answer 3

No

Exception: when character is directly in issue as matter of subs. law in claim or defense

1. defamation
2. neg hiring and entrustment
3. child custody

Question 4

When character is directly in issue in a civil claim, what forms of CE are allowed?

Answer 4

ALL - rep, op, and specific acts

Question 5

Can the prosecution initiate ev. of bad character of the D to show that he is more likely to have committed the crime?

Answer 5

No

Question 6

When can pros. introduce ev. of prior MISCONDUCT?

Answer 6

To show PROPENSITY to commit the crime

Question 7

Can the accused introduce ev. of good character to show innoncence?

Answer 7

Yes

Question 8

How can D prove character?

Answer 8

W may testify as to D’s good rep. for the trait or may give person opinion concerning the trait

Question 9

Does D put his character at issue merely by taking the stand?

Answer 9

No (only credibility) - pros. is limited to impeachment CE, not subs.

Question 10

When D introduces CE, how can the prosecution rebut?

Answer 10

1. cross-examine the W regarding basis of test., whether he knows of specific instances of misconduct;
2. call its own W to testify as to bad rep/ch trait

Question 11

When pros. cross-examines W re: specific instances of misconduct, how is the pros. limited in its inquiry?

Answer 11

may ask questions about prior misconduct, but may NOT introduce EE of misconduct (only are you aware of this incident)

Question 12

When can D not introduce rep/op test. of the V’s bad character trait when relevant to show innocence?

Answer 12

sexual assault cases

Question 13

When is V’s character relevant?

Answer 13

when D claims self-defense and argues that V was first aggressor

Question 14

When D introduces ev. of V’s bad character trait (violence), how can the prosecution respond?

Answer 14

1. ev. of V’s good character for same trait;

2. D’s bad character for same trait

Question 15

Is evidence offered to prove sexual behavior/dispo of V inadmissible in civil and criminal cases involving sexual misconduct?

Answer 15

Yes, generally (exceptions)

Question 16

What are the exceptions to introducing V’s sexual behavior in a criminal case?

Answer 16

Can introduce this evidence to prove

1. someone other than D is source of semen, injury
2. to prove consent

Question 17

What are the exceptions to introducing V’s sexual behavior in civil cases?

Answer 17

when not excluded by other rules and prob. value substantially outweighs dangers (ev. of alleged victim’s rep. is adm. only if put in controversy by V)

Question 18

When a D pleads self-defense in homicide case, what kind of ev. can the prosecution introduce?

Answer 18

V had good character for peacefulness (doesn’t matter if D didn’t introduce ev. of propensity for violence yet)

Question 19

When are a person’s other crimes or misconduct admissible?

Answer 19

Generally inadmissible to prove criminal dispo or bad character, but can be used to show:
Motive
Intent
Mistake (or absence)
Identity 
Common plan or scheme 

** need to be relevant to some issue other than D’s ch or propensity to commit crime

Question 20

When are D’s prior acts of sexual assault or child molestation admissible?

Answer 20

In a criminal or civil case where D is accused of committing a sexual assault or child moles. (must disclose ev. 15 days before trial)

** this ev is admissible for ANY relevant purpose: including, propensity to commit sex crimes (here, specific acts can be introduced to show propensity to commit act in issue)