character evidence

Question 1

purposes of CE

Answer 1

(a) prove person’s character when directly in issue (rare)
(b) prove how person probably acted (propensity) –usually inadmissible
(c) imepachment

Question 2

CE in civil cases

Answer 2

generally inadmissible to prove conduct in conformity
* limited exception: sexual assault or child molestation cases

except when: charter directly in issue

or MIMIC

Question 3

character in issue

Answer 3

(a) defamation
(b) negligent entrustment or hiring
(c) child custody

Question 4

type of evidence allowed in civil cases

Answer 4

any type–reputation, opinion, or specific acts–may be used

but must still be relevant

Question 5

evidence of D’s character criminal cases

Answer 5

Pros cannot initiate evidence of the D’s bad character to show conduct in conformity
* exception: sexual assault or child
molestation cases

D can prove own character for pertinent trait by reputation and/or opinion testimony (not specific acts)
* on direct

After D brings in their character, P can introduce evidence also of D’s bad character
* can call own character witnesses to
* provide reputation or opinion
but on cross examination, can only ask about specific events to impeach/attack credibility
* cannot introduce specific instances of conduct via extrinsic evidence if W denies knowledge

Question 6

evidence of victim’s character in criminal cases

Answer 6

D can offer reputation and/or opinion testimony concerning vic’s character for relevant trait
* Becomes relevant where the D claims
self-defense and argues that the victim
was the first aggressor

Once D has brought vic’s character into the case, prosecution prosecution can rebut D’s evidence of vic’s character with reputation and/or opinion testimony concerning: (a) vic’s good character for same trait; or (b) D’s bad character for same trait

Question 7

pertinent trait

Answer 7

to prove that he acted in conformity with that good trait during the events at issue

Question 8

self-defense claims in homicide case

Answer 8

in a homicide case, where D pleads self-defense evidence of any kind (not just character evidence) that the victim was the first aggressor (e.g. eyewitness testimony that the V struck first) opens the door for the prosecution to offer evidence that the victim had a good character for peacefulness

regardless of whether D has introduced CE of V’s generally violent propensity

Question 9

victim’s character in sexual assault cases

Answer 9

V’s past behavior generally inadmissible

exceptions in criminal cases: (a) Instances with third person to prove source of injury or physical evidence; (b) Instances with D to prove consent

exceptions in civil cases: (a) probative value substantially outwighs harm; (b) V places own reputation in contrversy

Question 10

general misconduct for non-charcter purpose

Answer 10

Evidence of a person’s other crimes, wrongs, or acts is generally inadmissible if offered solely to prove character for purposes of inferring conduct in conformity

BUT: admisisble if relevant to some issue other than their character or propensity to commit the crime charged/alleged act in civil cases
* MIMIC
* Motive
* Intent
* Mistake (absence of)
* Identity
* ** C**ommon Plan or Scheme

Question 11

MIMIC Admissability

Answer 11

can be proved with any evidence including speicifc acts

standard is low: evdience sufficient to support a jury finding that the D committed the other misconduct (reasonable juror could come to this conclusion)

• but subject to 403 balancing

If a MIMIC category is satisfied, the prosecution may use the evidence of misconduct as part of its case in chief
* it is admissible even if the defendant does not “open the door” to character evidence
* BUT: evdience is only admissible if the D is actually contesting the non-character issue