Character Evidence

Question 1

CIVIL Cases

Answer 1

Both CEC and FRE – Character Evidence is inadmissible to prove conduct

FRE: Prior Sexual Assault or Child Molestation act Exception in civil case of sexual assault or child molestation

CEC: NO Sexual Assault or Child Molestation Exception in civil case

Question 2

Criminal Cases: Types of Evidence Admissible

Answer 2

General Rule: is that propensity E is inadmissible BUT D can open either door (D’s door or V’s Door) and P can rebut

When D can open the D’s Door or V’s Door

FRE and Direct: Rep and Opinion OK but NOT Specific Instances

FRE and Cross: Rep, Opinion and Specific Instances are OK

CEC Direct and Cross: Rep, Opinion and Specific Instances are OK subject to balancing (probative v. prejudicial)

Question 3

Exceptions: where P can 1st offer E of D’s character to prove conduct

Answer 3

FRE and CEC: Sexual Assault/Child Molestation Exception P can be first to offer D’s prior sex assault/child molestation acts

FRE: D offered character E of V, P may offer character E that D has same character trait

CEC: In a Domestic Violence/Elder Case P may first offer D’s prior acts of domestic violence/elder abuse

CEC: If D offered character E that V is violent, THEN P can offer character E that D is violent

Question 4

Exceptions: where P can be the 1st to open V’s door

Answer 4

FRE (specific instance exception): in homicide case, after D claims V attacked first/self defense, prosecution can offer evidence of V’s peaceful character

CEC: In any criminal case where V’s character is relevant (i.e. D alleges affirmative defense of self defense  P can offer rep, opinion or SI of V’s peaceful character in P’s CIC)