Character Evidence Flashcards
Character evidence
evidence to prove a trait or essential quality of a person
- Only admissible
(1) to prove that trait or quality
(2) To prove that a person acted in a certain way on a certain occasion, in keeping with that person’s character (exception must apply)
(3) to prove something else
Character evidence exception: mercy rule
Trigger: D must introduce their own character
* Opinion or reputation
P can rebut
* Opinion or reputation
SI as an inquiry on cross
Character evidence exception: Character of Victim
Trigger: D offers evidence of V’s trait
P can offer evidence to rebut it and offer evidence of D’s trait
SI on cross
Character evidence exception: V’s homicide
Trigger: D says P was the first aggressor
P can offer evidence of V’s peacefulness
Character evidence exception: V’s sex crimes (prohibited)
- Evidence offered to prove that a victim engaged in other sexual behavior; or
- Evidence offered to prove a victim’s sexual predisposition
Character evidence exception: criminal exception
- Specific instance of V’s sexual behavior, if offered to prove that someone other than D was the source of semen, injury, or other physical evidence
- Specific instances of V’s behavior with respect to the person accused of the sexual misconduct, if offered by D to prove consent or if offered by P
- Evidence whose exclusion would violate D’s constitutional right
Character evidence exception: Civil exceptions
- Court may admit evidence offered to prove a victim’s sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.
- Reputation only if V has placed it in controversy
Child molestation
Trigger: D is accused of child molestation
Evidence that D committed any other molestation is admissible
Evidence may be considered on any matter to which it is relevant
Restoring Artistic Protection or 2022
Evidence of a defendant’s creative or artistic expression, whether original or derivative, is not admissible against such defendant in a criminal case, unless an exception applies, and that exception is to establish by clear and convincing evidence, and even then, the court shall redact and give appropriate limiting instructions.
I-PIMP-O-MACK
identify
preparation
intent
motive
plan
opportunity
mistake
accident
consent
knowledge
Character evidence : D in sexual assault
criminal/ civil
Trigger: D is accused of sexual assault
Evidence that D committed any other sexual assault is relevant
P must disclose it to D, including witnesses statements or summary of the expected testimony.
* 15 days before trial or at a later time that the court allows for good cause
Habit
(1) regularity (2) specificity (3) automatic.
- sufficiency standard
- R,O, and SI
- Habit or custom is admissible to prove conduct on a specified occasion in conformity with the habit or custom
Custom
when a business has a particular custom that is repeated, evidence of that custom can be used to prove that the business acted in conformity with that custom on a specific occasion
