Character Evidence

Question 1

What is Character Evidence?

Answer 1

Evidence that shows a person’s general propensity or disposition.

Question 2

Can the Prosecution initiate evidence of the Defendant’s bad character to show propensity?

Explain the process.

Answer 2

No.

The defendant can introduce evidence of their good character in their case-in-chief.

Once that evidence is introduced, the prosecution can show evidence of the defendant’s bad character to rebut that evidence introduced by the defendant.

Question 3

Under the Federal Rules, a character witness for the defendant may testify as to the defendant’s _____________ for a ___________________ and ____________________.

Answer 3

• Good Reputation
• Pertinent trait
• May give their personal opinion of the trait concerning the defendant.

Question 4

How should the prosecution phrase their questions to the defendant’s character witness during cross-examination regarding specific acts by the defendant?

Answer 4

“Have you heard…?”
“Did you know that…?”

Question 5

The prosecution can call its own witnesses to give opinion or reputation testimony about the defendant’s bad character for the trait in question.

True or False.

Answer 5

True.

Question 6

When can a defendant introduce reputation or opinion evidence to show a victim’s bad character trait?

Answer 6

When it is relevant to show a defendant’s innocence.

Example: Self Defense Cases (Proof that victim was first aggressor)

Question 7

Can a defendant introduce reputation or opinion evidence to show a victim’s bad character trait during sexual assault cases?

Answer 7

No.

Question 8

Once, the defendant has submitted evidence to show the victim’s bad character, the prosecution can…

Answer 8

Introduce evidence to show the victim’s good character for the same trait AND;
Introduce evidence to show the defendant’s bad character for the same trait.

Question 9

Explain the “special rule” that allows the prosecution to offer evidence of the victim’s good character for peacefulness.

Answer 9

In homicide cases dealing with self-defense, the prosecution can offer evidence to show the victim’s good character for peacefulness if any kind of evidence is offered to show the victim was the first aggressor.

This can happen regardless of if the defendant has offered evidence to show the victim’s generally violent propensity.

Question 10

List the exceptions that allow evidence of sexual behavior to be admitted into evidence in criminal sexual misconduct cases.

Answer 10

• Evidence can be admitted to show that someone else did it.
• Evidence can be admitted to prove consent.

Question 11

List the exceptions that allow evidence of sexual behavior to be admitted into evidence in civil sexual misconduct cases.

Answer 11

• Evidence of the victim’s sexual behavior is admissible unless it is excluded by any rule or if the probative value substantially outweighs the danger of harm on the victim and unfair prejudice of any party. (Reverse of 403).

Question 12

In Civil Cases, is character evidence admissible to prove conduct in conformity?

Answer 12

No.

Question 13

When is character evidence admissible in civil court?

Answer 13

• When the character trait is an element of the case.

Example: Defamation where truth is a defense.

Question 14

Evidence of a person’s other crimes, wrongs, or acts is __________________ if relevant to show issue other than their character or propensity.

Name the “other issues”

(MIMIC)

Answer 14

Inadmissible.

MIMIC

• Motive
• Intent
• Mistake (Absence of Mistake)
• Identity
• Common plan or scheme.

Question 15

How can evidence of other crimes, wrongs, or acts to prove MIMIC be admitted?

Answer 15

• There must be sufficient evidence to support a jury finding that the defendant committed the other misconduct.
• Passes Rule 403 test.

Question 16

The prosecution must give __________________ before offering evidence to prove MIMIC.

Answer 16

Reasonable Notice that they will be offering evidence.