Character Evidence Flashcards
When can character evidence be offered as substantive evidence? (2 situations)
1) When character is the ultimate issue in the case
2) To show a person’s propensity or disposition to do something
Ways character evidence can be introduced by a defendant?
1) Opinion testimony (has to be from witness’ personal knowledge)
2) Reputational testimony
T/F: character evidence is generally admissible as substantive evidence in both criminal and civil cases.
False. Character evidence is generally NOT admissible in civil cases.
When is character evidence admissible in civil cases?
When character is directly at issue in the case, such as in defamation cases, child custody cases, negligent hiring or entrustment cases.
T/F: the prosecution may introduce character evidence to build its case in chief against the defendant.
False. The defendant has to first introduce evidence of his good character before the prosecution can introduce evidence of bad character.
T/F: a defendant puts his character in question whenever he testifies as a witness.
False. The defendant puts his credibility into question (and may be impeached with character evidence proving dishonesty) but other character traits cannot be attacked by the prosecution.
How can the prosecution rebut D’s character evidence? (list 2 ways)
1) Cross-examine the character witness regarding D’s character, including asking about specific acts.
2) Calling its own character witnesses to give reputation/opinion testimony
When the prosecution cross-examines the character witness to rebut D’s character evidence, what may the prosecution ask about?
The prosecution may ask D’s character witness anything about D’s prior misconduct, including D’s arrests. However, the prosecution may not offer extrinsic evidence of D’s prior misconduct – only questions.
Also, prosecution may NOT ask witness about WITNESS’ prior arrests (as this is improper impeachment form).
If D introduces character evidence about the victim as part of claiming self defense, what may the prosecution now do?
Introduce character evidence about the victim to rebut D’s claim, AND introduce character evidence about D.
T/F: generally, in a civil or criminal proceeding alleging sexual misconduct, character evidence about the victim’s sexual propensity and history is inadmissible.
True.
What is the narrow exception to the general rule that evidence about victim’s sexual behavior in a sexual misconduct case is inadmissible? (in a criminal case and in a civil case).
When such character evidence is to show the source of physical evidence such as semen or blood, in a CRIMINAL case.
When such character evidence is not barred by any other exclusionary rule and its probative value substantially outweighs unfair prejudice (reverse 403 rule - favors exclusion of evidence), in a CIVIL case.
T/F: specific instances of sexual behavior between the victim and the accused are admissible by the prosecution for what reason? What about by the defense?
By prosecution: ANY reason
By defense: to prove consent.
T/F: in a homicide case, if D pleads self defense and introduces evidence that victim acted first, the prosecution can introduce character evidence about victim’s peaceful disposition even if D has not introduced any character evidence.
True.
T/F: generally, evidence (beyond mere inquiry) of specific acts is a valid way to introduce character evidence, including to show that D probably acted a certain way.
False. Evidence of specific acts (evidence of crimes and prior misconduct) is generally INADMISSIBLE to show D’s propensity or disposition to act a certain way.
When is extrinsic evidence of specific acts admissible?
When such evidence is relevant to some issue other than D’s character or propensity such as:
Motive, Intent, Mistake (absence of), Identity, Common plan or scheme (MIMIC).
