character evidence

Question 1

admissible character evidence civil cases

Answer 1

1) character at issue
2) prior acts of sexual assault/child molestation in cases for similar claims

Question 2

evidence of defendant’s character in criminal cases

Answer 2

D may introduce evidence of her good character, which P may rebut; with limited exceptions, P may not first introduce evidence of D’s character

Question 3

when prosecution may initiate introduction of character evidence about defendant

Answer 3

1) sexual assault/child molestation cases
2) if D first offers evidence of victim’s character

Question 4

rape shield - civil cases

Answer 4

reputation, opinion, and specific instances of victim’s character are admissible if:
1) probative value substantially outweighs unfair prejudice and
2) in the case of reputation evidence, P puts her reputation at issue in some way

Question 5

rape shield - criminal cases

Answer 5

reputation and opinion evidence of victim is inadmissible; evidence offered to prove victim’s sexual behavior or disposition is inadmissible UNLESS to show:
1) a third party is the source of injury/DNA evidence, or
2) prior acts of consensual intercourse b/t victim and D

Question 6

prior bad acts admissibility

Answer 6

generally admissible to prove character, but admissible if independently relevant (except sexual assault/molestation cases)

Question 7

common non-character uses of prior acts evidence

Answer 7

MIMIC

1) motive
2) intent
3) mistake
4) identity
5) common plan or scheme

always subject to 403 balancing