Character Evidence

Question 1

Character Evidence in a Civil Case

Answer 1

1. Character evidence (evidence that describes a person’s disposition) in a civil case is generally irrelevant and inadmissible unless it is directly in issue or is an essential element of the plaintiff’s claim or defense.
2. A party cannot introduce evidence of a character trait of a party to show that they acted in conformity therewith during the event that gave rise to the litigation.
3. If a litigant has some other purpose for the introduction of character evidence and it is relevant, the rule prohibiting character evidence will not keep it out.
4. If a party testifies, they automatically place their character for truthfulness or untruthfulness in issue.

Question 2

What kinds of character evidence are admissible when the defendant’s character is directly in issue in a civil case?

Answer 2

Reputation, opinion, and specific acts

Question 3

Rules for character evidence in a criminal case

Answer 3

1. Character evidence is inadmissible unless and until the defendant opens the door.
2. The prosecution cannot introduce any evidence of the defendant’s bad character if the purpose of the evidence is to show the defendant probably acted in conformity therewith and committed the crime charged.
3. The defendant can present evidence of relative good character to show that he did act in conformity with the good character and did not commit the crime charged (limited to reputation or opinion only on direct).
4. If the defendant presents evidence of his good character, the prosecution can rebut with evidence of the defendant’s bad character to show propensity (limited to reputation or opinion on direct).
5. Evidence of prior crimes/bad acts are never admissible to the show the defendant probably acted unlawfully against and committed the crime charged, but may be admissible for MIMIC (motive, intent, mistake (lack of), identity, common plan) purposes, subject to Rule 403.
6. If the defendant testifies, he automatically places his character for truthfulness or untruthfulness in issue.

Question 4

Evidence of prior convictions of crimes in a criminal case

Answer 4

Rule 609 permits the prosecution to inquire into prior convictions of crimes requiring proof or admission of dishonesty of false statement unless over 10 years have passed since the date of conviction or date of release from confinement (whichever is later).

Question 5

Evidence of a prior bad act in a criminal case

Answer 5

A specific act of misconduct offered to attack the witness’s character for truthfulness can be elicited only on cross-examination. If the witness denies the act, the cross-examiner cannot refute the answer by calling other witnesses or producing other evidence.

Question 6

Evidence of a victim’s past sexual behavior - civil cases

Answer 6

In any criminal or civil rape case, evidence offered to prove the sexual behavior or sexual disposition of an alleged victim is generally inadmissible. In civil cases, evidence of a victim’s past sexual behavior is admissible if it is otherwise admissible under the Federal Rules and its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party.