Character Evidence Flashcards
What reasons may CE be introduced for?
(a) to prove character when it is directly in issue
(b) to prove person acted in conformity with character (but only in certain cases is this allowed)
(c) to impeach witness (or hearsay declarant) for truthfulness
When can prosecution introduce CE re criminal D to show conduct in conformity?
Only when the D has opened the door to issue, and only if the CE is re that specific trait.
Also, in sex crimes/child molestation cases.
How can D prove good character in a criminal case?
Can introduce witness testimony that is either (a) reputation or (b) opinion and re: a pertinent trait. (Not specific acts)
Does criminal D put character in issue when they take the stand?
No, but they can be impeached re credibility.
How can the prosecution rebut criminal D’s evidence of good character?
Once door is open, prosecution can either (a) cross-examine D’s witness re basis for their testimony (and can ask about specific acts (e.g. prior arrests)) but can NOT introduce extrinsic evidence re specific acts; or (b) call its own character witness to introduce reputation or opinion testimony (but again, not extrinsic evidence re specific acts)
Note: remember prosecution can NOT impeach witness with their own prior arrests
When can criminal D introduce character evidence of the victim?
- (except in sexual assault cases) when it is relevant to show D’s innocence (e.g., if making self-defense claim and arguing V was first aggressor)
Note: this type of evidence may also come in as state of mind, e.g. when D needs to prove they reasonably feared V
Once criminal D has introduced evidence of victim’s bad character, how can prosecution rebut?
Can rebut with reputation or opinion evidence of (a) victim’s good character for the same trait or (b) D’s bad character for the same trait
Can prosecution ever introduce victim character evidence w/o criminal D first offering CE of victim?
Yes, in homicide cases, when D argues self-defense and introduces ANY evidence that V was first aggressor, this opens door for prosecution to offer CE re V’s peaceful character.
In civil/criminal proceedings for sexual assault, is evidence offered to prove sexual behavior/disposition of the victim ever admissible?
Generally, No, except:
(a) in criminal case, to prove someone other than D is source of semen/injury/etc
(b) in criminal case, past instances between victim & perpetrator to prove consent
(c) in civil cases, if probative value substantially outweighs prejudicial effect/danger of harm to victim (reverse 403) (AND, victim reputation only admissible if victim opens door)
What are valid reasons for admitting character evidence?
Inadmissible to prove conduct in conformity with character. But, admissible in other cases, e.g., when:
(a) character is directly in issue (e.g. defamation)
(b) to prove motive
(c) to prove intent (did same thing before, same intent)
(d) absence of mistake (did same thing before)
(e) identity (MO)
(f) common plan or scheme (e.g. committing one crime to prep for another)
Note: MIMIC evidence only admissible if disputed. + MIMIC admissible regardless of whether D “opens door”
Exception: evidence re prior sex crime/child molestation admissible to prove ANY thing (including conformity) in civil or criminal case re sex crime/child molestation - needs to be disclosed 15 days prior to trial.
In civil and criminal cases, when evidence of prior misconduct is introduced - what are the procedural admissibility reqs?
Needs to be sufficient evidence to support a jury finding that D committed the prior act. (+ remember 403)
In criminal case, party must give notice pre-trial that evidence is being offered in writing with purpose for admitting it.
In civil case, what type of evidence of prior bad acts are allowed (if for a permissible purpose)?
Any - reputation, opinion, specific instances
When can D’s specific act be introduced to show propensity to commit act in issue?
Generally never except for in sex crimes/child molestation cases. Evidence needs to be disclosed to D 15 days prior to trial.
