Character Evidence Flashcards
When is evidence of character and conduct of a witness relevant on impeachment?
A witness’s character for untruthfulness is always material and may be attacked by reputation or opinion evidence
When can witness’s character for truthfulness be shown for impeachment purposes?
A witness’s character for truthfulness cna be shown by reuptuation or opinion evidence only if the witness’s credibility for truthfulness has first been attacked
When are specific acts regarding witness’s character for truthfulness allowed for impeachment purposes?
Cross-examination about specific acts that reflect on a witness’s truthfulness, such as perjury or fraud are acceptable
When are specific instances of conduct of a testifying witness admissible for impeachment purposes?
Specific instances of conduct of any testifying witness that are probative of the witness’s truthfulness are admissible to attack or support the witness’s credibility
What are permitted methods regarding admission of specific instances of witness conduct bearing on their character for truthfulness for impeachment purposes?
- A question
- on cross examination an examiner may inquire into the witness’s own prior bad acts bearing on truthfulness or dishonesty
What are limitations on admissibility of specific instances of conduct of testifying witness that bear on their character for truthfulness for impeachment purposes?
- questions must be probative of truthfulness
- questions must be asked in good faith
- the bad acts cannot be too remote in time
- only questions of fact are allowed - no rumors
What is character evidence?
Character evidence refers to a person’s general propensity or disposition for honesty, peacefulness or violence
What is the general rule for character evidence in civil cases
Character evidence is generally inadmissible to prove conduct in conformity therewith
When may character evidence be relevant in civil cases
When character is an essential element of a cause of action (defamation, etc) character evidence may be admissible
What are types of character evdience
- Reputation
- Opinion
- Specific Acts
What is required for testimony regarding reputation?
Witness must establish they are aware of the reputation of the party in the relevant community
What is required for testimony regarding opinion?
Witness must establish that they have sufficient knowledge to form an opinion about the particular trait
When is testimony regarding specific acts admissible
When character is an essential element of the cause of action, claim, or defense, specific instances of that person’s conduct may be offered
What is general rule regarding character evidence in criminal cases
The prosecution may not initially introduce evidences of D’s bad character but once character is raised by D, prosecution may rebut with reputation or opinion evidence
When may a D in a criminal trial introduce evidence regarding good character traits?
Character traits must be pertinent depending on what D is on trial for, such as D’s character regarding peacefulness in a trial for a violent crime, or honest in a fraud crime
May D raise evidence regarding D’s good character initially.
Yes, D must be the first to raise a character issue, though the issue must be related to a pertainant character trial
When may D offer evidence regarding victim’s character
D may offer evidence of a victim’s violent character as circumstantial evidence that the victim was the first aggressor
When may prosecution introduce evidence of a victim’s good character?
- If D offered evidence of victim’s violent character as circumstantial evidence the victim was the first aggressor, prosecution may rebut with good character of the victim through reputation or opinion
- In homicide cases, if D offers evidence that the victim was the initial aggressor, the prosecution may offer evidence of victim’s good character for peacefulness
When can prosecution offer evidence regarding D’s bad character traits
-if D puts their character in issue, prosecution can rebut
-if D raised evidence of victim’s violent character as evidence victim was first aggressor, P can rebut with bad character of D through reputation or opinion evidence
When can character evidence be validly admitted?
Evidence regarding D’s character used for a purpose other than to show conduct in conformity with one’s character
What can circumstantial evidence of witness’s other crimes, wrongs or acts be offered to prove
-motive
-intent
-absence of mistake
-identity
-common scheme or plan
-knowledge
-opportunity
-preparation
What is the rape-shield law
In any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to show the alleged victim’s sexual behavior, sexual predisposition and other secual history is excluded
When are specific acts regarding a victim’s past sexual behavior admissible in criminal case
- specific acts with current D that tend to show consent
- physical evidence regarding potential different perpetrator, etc.
- evidence that is constitutionally required
When is evidence regarding victim’s past sexual behavior admissible in a civil case
Evidence is admissible if the probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party
When is evidence regarding a rape victim’s reputation admissible in a civil trial?
Evidence of a victim’s reputation is admissible when the victim places it in controversy
When is evidence of similar crimes in sexual assault and child molestation cases admissible in a criminal case
Specific acts by D are admissible and may be considered as they bear on any relevant matter
When is evidence of similar crimes in sexual assault and child molestation cases admissible in a civil case
In a civil case, when damages are predicated on sexual assault or child molestation, specific acts may be considered as they bear on any relevant matter
When is habit evidence admissible?
Evidence of the habit of a person or routine practice of an organization is relevant to prove conduct in conformity with the habit
When is evidence indicative of habit
When evidence includes “always, automatically, regularly”
What are public policy exclusion
