Character Evidence

Question 1

When and what form of good character evidence can D introduce?

Answer 1

when the good character is inconsistent with the type of crime charged

only reputation or opinion testimony

Question 2

Does the witness need to testify for the testimony to be impeached? Can extrinsic evidence of a conviction be used?
[CHECK THIS AND ELABORATE]

Answer 2

no, witness does not need to testify

extrinsic evidence of prior conviction can be introduced

Question 3

When can a prior conviction that has been pardoned not be used to impeach?

Answer 3

• when the action was based on finding of innocence

- when witness has not been subsequently been convicted of another felony

Question 4

what are the exception to character evidence in civil cases?

Answer 4

i. Defense or cause of action where character is an element at issue – rep/op/sp
i. Defamation (B said A is a thief). Defenses: reputation testimony, truth (A is indeed a thief)
ii. Negligent hiring (bring up all traffic offenses of employee)
iii. Negligent entrustment (loan car to someone, should have known not a good idea to lend it)
iv. Child custody (fitness as parent)
v. Self-defense: Survivor’s reasonable belief of imminent deadly harm
vi. Entrapment: Δ had no predisposition commit the crime – but raises predisposition element for Π to rebut

Question 5

what are the exception to character evidence in criminal cases? rep /op only

Answer 5

i. Reputation or Opinion
i. Δ’s character
1) By Δ
a) good character inconsistent with crime charged
2) By P – rep/op
a) Δ “opens the door”
i) Δ alleges self-defense in homicide
One. [CA] cannot auto show V’s character for peacefulness after D tries to argue self-defense

ii) Δ offers Δ’s good pertinent character
b) {CA} elder abuse - Π can initiate showing Δ’s acts of domestic violence or elder abuse

ii. V’s character
1) By Δ
a) Relevant to defense - V’s character relevant to the defense asserted
i) EXCEPT sexual misconduct cases
2) By P
a) Δ “opens the door”
i) Δ offers V’s bad pertinent character to show Δ’s innocence
A. Can rebut with V’s good character regarding that trait or D’s bad character regarding that trait
B. [CA] only after Δ’s evidence of V’s violent character ONLY (narrower than FRE)
ii. Specific Acts

Question 6

what are the exception to character evidence in criminal cases? specific acts

Answer 6

i. MIMIC
1) Can introduce specific acts if for MIMIC purpose
2) Motive
3) Intent
4) Mistake (absence of)
5) Identity (signature m.o.)
6) Common plan
7) knowledge

Cross exam

Question 7

what is the habit exception?

Answer 7

i. Habit evidence is freely admissible as character evidence – op/sp
i. A habit is a semi-automatic response to a specific and frequent situation.
ii. For an organization, a habit is a routine practice of the org.

Question 8

is evidence of sexual behavior admissible? are there any exceptions?

Answer 8

generally no

i. Δ Exceptions
i. Criminal cases

1) Evidence (conviction, arrest, testimony) that D committed any other sexual crimes is admissible
a) Sexual assault
b) Child molestation

2) [CA] Δ’s prior commission of sexual assault or act of DV is not admissible
3) P must provide notice 15d before if planning to use
ii. V Exceptions:
i) Criminal cases:
1) specific acts admissible to show D is not the source of physical evidence
ii) Civil cases:

1) if behavior/predisposition if PV&raquo_space;> UP
2) Reputation if V places it in controversy

Question 9

does opening the door matter in civil cases? why?

Answer 9

no - only very narrow exceptions that permit introduction of character evidence