Character Evidence

Question 1

When is evidence of character and conduct of a witness relevant on impeachment?

Answer 1

A witness’s character for untruthfulness is always material and may be attacked by reputation or opinion evidence

Question 2

When can witness’s character for truthfulness be shown for impeachment purposes?

Answer 2

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

Question 3

When are specific acts regarding witness’s character for truthfulness allowed for impeachment purposes?

Answer 3

Cross-examination about specific acts that reflect on a witness’s truthfulness, such as perjury or fraud are acceptable

Question 4

When are specific instances of conduct of a testifying witness admissible for impeachment purposes?

Answer 4

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

Question 5

What are permitted methods regarding admission of specific instances of witness conduct bearing on their character for truthfulness for impeachment purposes?

Answer 5

1. A question
2. on cross examination an examiner may inquire into the witness’s own prior bad acts bearing on truthfulness or dishonesty

Question 6

What are limitations on admissibility of specific instances of conduct of testifying witness that bear on their character for truthfulness for impeachment purposes?

Answer 6

1. questions must be probative of truthfulness
2. questions must be asked in good faith
3. the bad acts cannot be too remote in time
4. only questions of fact are allowed - no rumors

Question 7

What is character evidence?

Answer 7

Character evidence refers to a person’s general propensity or disposition for honesty, peacefulness or violence

Question 8

What is the general rule for character evidence in civil cases

Answer 8

Character evidence is generally inadmissible to prove conduct in conformity therewith

Question 9

When may character evidence be relevant in civil cases

Answer 9

When character is an essential element of a cause of action (defamation, etc) character evidence may be admissible

Question 10

What are types of character evdience

Answer 10

1. Reputation
2. Opinion
3. Specific Acts

Question 11

What is required for testimony regarding reputation?

Answer 11

Witness must establish they are aware of the reputation of the party in the relevant community

Question 12

What is required for testimony regarding opinion?

Answer 12

Witness must establish that they have sufficient knowledge to form an opinion about the particular trait

Question 13

When is testimony regarding specific acts admissible

Answer 13

When character is an essential element of the cause of action, claim, or defense, specific instances of that person’s conduct may be offered

Question 14

What is general rule regarding character evidence in criminal cases

Answer 14

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

Question 15

When may a D in a criminal trial introduce evidence regarding good character traits?

Answer 15

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

Question 16

May D raise evidence regarding D’s good character initially.

Answer 16

Yes, D must be the first to raise a character issue, though the issue must be related to a pertainant character trial

Question 17

When may D offer evidence regarding victim’s character

Answer 17

D may offer evidence of a victim’s violent character as circumstantial evidence that the victim was the first aggressor

Question 18

When may prosecution introduce evidence of a victim’s good character?

Answer 18

1. 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
2. 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

Question 19

When can prosecution offer evidence regarding D’s bad character traits

Answer 19

-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

Question 20

When can character evidence be validly admitted?

Answer 20

Evidence regarding D’s character used for a purpose other than to show conduct in conformity with one’s character

Question 21

What can circumstantial evidence of witness’s other crimes, wrongs or acts be offered to prove

Answer 21

-motive
-intent
-absence of mistake
-identity
-common scheme or plan
-knowledge
-opportunity
-preparation

Question 22

What is the rape-shield law

Answer 22

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

Question 23

When are specific acts regarding a victim’s past sexual behavior admissible in criminal case

Answer 23

1. specific acts with current D that tend to show consent
2. physical evidence regarding potential different perpetrator, etc.
3. evidence that is constitutionally required

Question 24

When is evidence regarding victim’s past sexual behavior admissible in a civil case

Answer 24

Evidence is admissible if the probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party

Question 25

When is evidence regarding a rape victim’s reputation admissible in a civil trial?

Answer 25

Evidence of a victim’s reputation is admissible when the victim places it in controversy

Question 26

When is evidence of similar crimes in sexual assault and child molestation cases admissible in a criminal case

Answer 26

Specific acts by D are admissible and may be considered as they bear on any relevant matter

Question 27

When is evidence of similar crimes in sexual assault and child molestation cases admissible in a civil case

Answer 27

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

Question 28

When is habit evidence admissible?

Answer 28

Evidence of the habit of a person or routine practice of an organization is relevant to prove conduct in conformity with the habit

Question 29

When is evidence indicative of habit

Answer 29

When evidence includes “always, automatically, regularly”

Question 30

What are public policy exclusion