Character Evidence Flashcards
General Rule: Character Evidence of Defendant in Criminal Trial? (introduced by prosecutors)?
Prosecution CANNOT offer in first instance bad character evidence of a defendant to show ACTIONS IN CONFORMITY or GUILT for charged crime.
CA: Prop 8 doesn’t override.
Exceptions: (1) for sexual assault and child molestation and (2) in CA: domestic violence cases.
General Rule: Character Evidence of Victim (introduced by defense)?
Prosecutor cannot offer evidence if victim’s character. Defense can (then prosecution can rebus with evidence relating to PERTINENT CHARACTER TRAIT).
What is the Exception for Character Evidence of a Victim in a Homicide Case?
If defense introduces evidence that victim was the first attacker, prosecution can rebut with character evidence of (1) victim’s peacefulness OR (2) defendant’s same character trait of violence.
General Rule: Character Evidence of Defendant in Criminal Trial? (introduced by defense)?
Defendant CAN introduce evidence of his/her own good character as a basis for proving innocence. Opens the door for prosecution to rebut with evidence limited to the pertinent character trait.
What happens next, if defendant has gets character evidence to demonstrate their innocence?
- Df is said to have “opened the door,” the prosecution then may cross examine defendant’s character witness regarding the basis for that testimony - limited to specific character trait
- defendant’s witness was limited to reputation and opinion evidence, but now they can be impeached in cross examination, so evidence concerning specific instances of conduct is allowable to determine the basis of the testimony given.
[CA: under CA code specific instances are still inadmissible, but Prop 8 overrides - all forms of character evidence admissible] - rather than cross examining defendant’s character witness, the prosecution may instead call its own character witness to testify to defendant’s bad reputation or to give an opinion of defendant’s character. But evidence as to specific instances of conduct is not allowable.
What Form can Character Evidence be in?
On direct examination, opinion and reputation evidence.
On cross examination, specific instance evidence is also permitted.
General Rule: Character Evidence of Defendant in CIVIL trial?
Unless character is directly at issue (for example, in a case involving defamation), evidence of character may not be offered by either party in a civil case to prove the conduct of a person. Exception: sexual assault or child molestation.
If directly at issue (defamation, negligent entrustment, child custody / good or bad parent) then all forms OK - reputation, opinion, specific instance.
When Specific Instance Evidence IS Permitted: what do you do if offering judgment of past conviction?
The judgment is an out of court statement offered to prove truth of matter asserted - thus, hearsay.
Apply exceptions for judgments (I.e. fed: felony conviction - death or > 1 year in jail - to prove fact essential to judgment vs. CA: civil case, only to impeach, only misdemeanor or felony w/ moral turpitude)
