Character Evidence

Question 1

What is character evidence?

Answer 1

Character evidence is evidence of a person’s character or a person’s specific character trait (e.g., he is violent; she is honest; he is a reckless driver; etc).

Question 2

What are the three types of character evidence that can be presented?

Answer 2

1. Reputation
2. Opinion
3. Specific instances

Question 3

What is reputation character evidence?

Answer 3

Reputation in the community (e.g., “everyone in the community knows Johnny is violent).

Question 4

What is an example of opinion character evidence?

Answer 4

I personally think johnny is a violent person

Question 5

What is an example of specific instance character testimony?

Answer 5

I saw Johnny get into a bar fight last weekend.

Question 6

In CIVIL CASES, is character evidence admissible for propensity purposes?

Answer 6

In civil cases, character evidence is NOT admissible for propensity purposes; UNLESS
1. Character is an essential element of a claim or defense (e.g., defamation, negligent hiring, negligent entrustment, child custody); OR

2. The case is based on the DEFENDANDT’S sexual misconduct (allowed to introduce evidence of a past sexual assault or child molestation by defendant).

Question 7

In CRIMINAL CASES, can the prosecution introduce evidence of a defendant’s bad character to prove that the defendant has the propensity to have committed the crime in question?

Answer 7

In criminal cases, the prosecution cannot introduce evidence of a defendant’s bad character to prove that the defendant has the propensity to have committed the crime in question.

Question 8

When can a prosecutor, in a criminal case, introduce evidence of a defendant’s bad character?

Answer 8

If the defendant opens the door by presenting evidence of positive character, the prosecution may then introduce negative character evidence to rebut the defendant in two different ways:

1. The prosecution can call its own character witness; OR
2. The prosecution can cross examine the defendant’s character witness. (Can also introduce evidence of specific acts as long as they are relevant to a character trait in question).

Question 9

Can a criminal defendant use character evidence for a defense?

Answer 9

A criminal defendant may introduce reputation or opinion testimony of the victim’s character if it is relevant to one of the defenses asserted (e.g., self defense).

Question 10

What can a prosecutor do if a criminal defendant introduces character evidence about the victim’s character?

Answer 10

The prosecution may rebut by presenting evidence that:
1. The defendant possesses the same character trait; OR
2. The victim possesses a relevant positive character trait.

(if done on cross-exam prosecution may introduce specific instances of conduct to rebut.)

Question 11

Can character evidence about a victim’s sexual behavior or predisposition be admitted in a rape case?

Answer 11

In cases involving rape, evidence offered to prove a victims sexual behavior or predisposition is NOT admissible.

Question 12

In civil cases, can evidence of a victim’s sexual misconduct be offered?

Answer 12

In civil cases involving sexual misconduct, evidence offered to prove a victim’s sexual behavior or misconduct may be admissible if its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.

Question 13

In homicide cases, when can the prosecution admit evidence of a victim’s character for non violence?

Answer 13

If the defendant claims that the victim was the aggressor (self defense claim)