Character Evidence

Question 1

Generally, character evidence can be offered as substantive evidence only when:

Answer 1

1) Character is directly at issue as essential part of claim or defense, 2) Circumstantial evidence of propensity (but very limited), and 3) Impeachment

Question 2

D’s character in criminal case?

Answer 2

Only if D opens the door by offering good character evidence

Question 3

How can D prove good character?

Answer 3

Witness testified as to D’s good reputation for a pertinent trait, giving their personal opinion on that trait

Question 4

Can prosecution cross-exam character witness and how? Extrinsic evidence allowed?

Answer 4

Yes, but only “have you heard” or “did you know” about specific things D did, to show lack of knowledge about trait in question. NO EXTRINSIC EVIDENCE

Question 5

Victim’s character?

Answer 5

Reputation or opinion concerning victim’s character FOR RELEVANT TRAIT (usually violence for self-defense)

Question 6

After victim’s bad character introduced by D, what can P do?

Answer 6

Offer victim’s good character for same trait, OR D’s bad character for same trait

Question 7

Can D’s awareness of victim’s character be offered?

Answer 7

Yes to prove D’s state of mind at the time of altercation

Question 8

Victim’s character in homicide case, initiated by P?

Answer 8

Yes only if D claims self-defense and shows evidence that victim was the first aggressor (and must be a homicide case)

Question 9

Rape victim’s past sexual behavior?

Answer 9

Only to prove that someone other than D is source of physical evidence. Also specific instances of victim and D’s sexual conduct can be offered by P for any reason, and by D to show consent

Question 10

Exceptions to no character evidence in civil case?

Answer 10

Where character is essential element of claim: defamation, negligent hiring or entrustment, and child custody

Question 11

Non-propensity evidence in criminal case can be shown to prove:

Answer 11

MIMIC

Motive, intent, mistake (absence of it), identity, common plan or scheme

Question 12

Notice for MIMIC evidence?

Answer 12

Must be given in writing and in advance of trial. Provide purpose for which it’s being offered plus reasoning supporting the purpose

Question 13

D’s sexual misconduct?

Answer 13

Yes IF criminal or civil case where D has been accused of sex misconduct