Character evidence

Question 1

Character evidence

Answer 1

Generally inadmissible to prove that someone acted in accordance w/ his character
- civil = only admissible for cases about negligent entrustment/hiring, defamation, child custody —- proven by reputation, opinion, specific acts (ROS)

-criminal = D must open the door and can use reputation or opinion BUT P can use ROS

Question 2

Habit and routine practice

Answer 2

Evidence of a person/organization’s habit/routine may be admitted to prove that it acted in accordance with the habit or routine

Question 3

MIMIC

Answer 3

D's prior bad acts may be admissible to prove:
Motive
Intent 
Mistake (lack of)
Identity
Common scheme/plan

** criminal OR civil cases **

Question 4

Self-defense

Answer 4

A criminal D may offer evidence of a victim’s violent character using reputation/opinion evidence

P may rebut by using reputation/opinion evidence of the victim’s or D’s character

Question 5

Prior sexual misconduct of a defendant

Answer 5

If a D accused of a sexual assault/child molestation, the court may admit evidence that the D committed any other SA/CM —– evidence may be considered on any matter to which it is relevant, including that he acted in accordance with his character

ONLY SPECIFIC ACTS CAN BE OFFERED

Question 6

Prior sexual misconduct of a victim

Answer 6

• criminal = specific instances can be offered to prove source of semen, injury, or other physical evidence; consent; or when excluding it would violate the D’s constitutional right
• civil = not admissible unless the probative value substantially outweighs the danger of harm/unfair prejudice —– court may admit reputation evidence only if the victim places it in controversy