Character Evidence Flashcards
Types of Character Evidence
Character evidence refers to a person’s general propensity or disposition. It might be offered as substantive evidence for the following:
- to prove a person’s character in the rare situation where their character is directly in issue in the case (meaning, an essential element of a claim or defense); or
- to serve as circumstantial evidence of how a person probably acted during the events of the case (also known as “conduct in conformity with character” or “propensity” evidence)
evidence of a witness’s bad character for truthfulness might be offered for impeachment purposes
Methods of Proving Character
Depending on the purpose of the offer and nature of the case, some or all of the following methods may be allowed:
- evidence of the person’s specific acts
- opinion testimony of a witness who knows the person
- testimony as to the person’s general reputation in the community
Defendant’s Character in Crimnal Case
The prosecution cannot initiate evidence of D’s bad character to show conduct in conformity. Can’t introduce in their case-in-chief to show that it is within D’s character to commit the charged crime. But, D is permitted to introduce evidence of own good character to show innocence. If D introduces evidence of good character, then P can rebut with evidence of D’s bad character
D’s Character in Criminal Cases
How Defendant Proves Character
A character witness for D may testify as to D’s good reputation for pertinent trait and may give personal opinion concerning that trait of D
Note: D does not put character in issue merely by testifying. Taking the stand places D’s credibility in issue; meaning, prosecution is limited to offering impeachment evidence rather than substantive character evidence
D’s Character in Criminal Cases
Prosecution’s Options: Cross-Examination of D’s Character Witness and Rebuttal
Once D opens the door by introducing character evidence, P can take either or both of following actions:
- cross-examine D’s character witness regarding basis for testimony by asking “Have you heard?” (reputation) or “Did you know?” (opinion) questions about specific acts of D that show D’s bad character for trait in question. Purpose is to show witness’s lack of knoweldge, not to prove D’s character
- can call own character witness to provide reputation or opinion testimony about D’s bad character for trait in question (no specific acts b/c extrinsic evidence of bad character not permitted)
Victim’s Character in Criminal Case
When D Can Initiate
except in S.A. cases, D may introduce reputation or opinion evidence of bad character trait of alleged crime victim when relevant to show D’s innocence. Usually relevant in self-defense cases to argue that victim was first aggressor.
Prosecution Rebuttal:
once D has introduced evidence of victim’s bad character for pertinent trait, prosecution may rebut with reputation or opinion evidence of:
- victim’s good character for same trait or
- D’s bad character for same trait
evidence of victim’s character might also be offered for non-propensity purpose – to prove D’s state of mind at time of altercation. If D knew at time of altercation that victim had violent reputation or had committed violent acts in past, evidence of victim’s reputation or acts admissible to prove D acted reasonably in responding to victim’s aggression. Prohibition on specific acts doesn’t apply when evidence offered for non-propensity purpose
Victim’s Character in Criminal Case
When Prosecution Can Initiate
Rebutting Self-Defense Claim in Homicide Case
in homicide case in which D pleads self-defense, evidence of any kind (not just character evidence) that victim was first aggressor opens door to evidence that victim had a good character for peacefulness. Prosecution can introduce this evidence regardless of whether D has introduced character evidence of victim’s generally violent propensity.
Victim’s Character in Criminal Case
Rape Victim’s Past Behavior
In civil or criminal proceeding involving alleged sexual misconduct, evidence offered to prove sexual behavior or sexual disposition of victim is generally inadmissible
Rape Victim’s Past Behavior
Exceptions in Criminal Cases
specific instances of victim’s sexual behavior are admissible to prove that someone other than D is source of semen, injury, or other physical evidence. Specific instances of sexual behavior between victim andD are admissible by prosection for any reason and by defense to prove consent
Rape Victim’s Past Behavior
Exceptions in Civil Cases
evidence of alleged victim’s sexual behavior is admissible if it is not excluded by any other rule and its probative value substantially outweighs prejudicial effect (reverse 403 test - favors excluding evidence). Evidence of alleged victim’s reputation admissible only if has been placed in controversy by victim
Civil Cases
generally inadmissible to prove conduct in conformity regardless of which party seeks to offer the evidence
Civil Cases
Admissible When Character Directly In Issue
when proof of person’s character, as matter of substantive law, is an essential element of a claim or defense, it is said that character is “directly in issue.”
Very rare and typically limited to defamation cases where truth is a defense (P’s character at issue); negligent hiring or entrustment (hired/entrusted person’s character at issue); and child custody cases (parents’ character at issue). When character at issue, all forms of character evidence (reputation, opinion, specific acts) admissible
Other Misconduct for Non-Character Purpose
General Rule
evidence of person’s other crimes, wrongs, or acts generally inadmissible if offered solely to prove conduct in conformity/propensity
Other Misconduct for Non-Character Purpose
Admissible if Independently Relevant
MIMIC Evidence
evidence of person’s other crimes, wrongs, or acts admissible if relevant to some issue other than their character or propensity to commit the crime charged (or alleged act in civil cases).
Non-character purposes may include MIMIC:
- motive: for example, burning a building to hide embezzlement
- Intent: to show guilty knowledge or lack of good faith
- absence of mistake or accident
- identity: for example, signature crimes/M.O.
- common plan or scheme: usually committing one crime to prepare for another
This is not a conclusive list. The evidence will be admissible if it is offered to prove anything other than character or propensity
MIMIC Evidence
Requirements for Admissibility
the misconduct may be proved by any evidence, such as witness testimony, D’s criminal conviction, etc. There must be sufficient evidence to support jury finding that D committed the other misconduct. Additionally, it is subject to Rule 403 standard
