Character Evidence

Question 1

Character Evidence

Answer 1

Evidence of a person’s character traits inferred from reputation, opinion evidence, or specific instances used to prove that on a given occasion that person acted in conformity with his or her character trait.

Character evidence is not allowed for propensityw purposes. Unless an exception applies.

Question 2

Types of character evidence

Answer 2

1. Reputation > Testimony regarding one’s reputation in the community
2. Opinion Evidence> testimony regarding the witness opinion of the person.
3. Specific instance conduct> person prior conduct that is offered to prove a person’s character or character trait

Question 3

Character Evidence for other purposes

Answer 3

Character evidence may be admitted to show:

Motive
Intent
common plan or scheme
modus operandi

Question 4

Mercy RULE ( criminal case )

Answer 4

A defendant is allowed to offer character evidence of their good character by reputation/ opinion for peacefulness, or the victim’s bad character. (Show D was likely not the aggressor) –> Opened door

FRE> The cross-examiner can test the qualifications of the defense’s good character witnesses by inquiring into specific instances of conduct by the accused.

Question 5

Criminal Defendant Can:

Answer 5

• offer propensity about themselves:
  (I am a good person) but the prosecutor can rebut (you are a bad person)

-offer propensity evidence about alleged victims: victim’s character to prove innocence (Mary was a violent person) but the prosecutor can rebut evidence (you are violent) or victims good character (Mary is peaceful)–>
(Except in RAPE)

-can point to SPECIFIC INSTANCES of a victim’s sexual behavior to prove consent or an ongoing relationship or to prove other sources of semen or to protect their constitutional rights.

Question 6

Rape shield

Answer 6

CA, if the prosecutor offers character evidence or the complaining witness gives testimony of his sexual conduct with the victim to prove consent then the accused can offer evidence of the victims sexual conduct.

FRE> civil and criminal cases bars use of evidence offered to prove that the victim engaged in other sexual behavior or to prove the victims sexual predisposition in cases involving sexual misconduct.

Question 7

Sexual misconduct

Answer 7

In CA criminal case where D is accused of a sexual offense -

Ds commission of another sexual offense is admissible but is limited to offering evidence of specific instances and cannot use opinion nor reputation evidence of Ds propensity to commit the sexual misdeeds charged.

The D can offer countervailing character evidence of all three forms in rebuttal.

FRE > criminal and civil cases
The prosecution can offer evidence of accused acts of domestic violence, elder, and dependent abuse, or child abuse proof of accused propensity to commit such violence or abuse if offered in an action in which the accused is charged with DV, elder or dependent abuse or child abuse.

Question 8

Common plan or scheme

Answer 8

The prosecution can establish the foundation for using common plan/ scheme doctrine by evidence that the unchanged misconduct and the charged offense are sufficiently similar to support the inference that they are manifestations of a common design or plan

Question 9

Habit/ Custom (Admissible)-

Answer 9

A regular response to a repeated situation is admissible to show conduct in conformity with that regular response on a particular occasion.

Person: show person acted in accordance with the habit on a particular occasion.

Business: show practice was followed by the business on a particular occasion.

Be careful on this. You can’t say a defendant gets fucked up every day after work (even if he does), but you can show that he goes to the bar every day after work. You can’t say a defendant is lazy or distracted (that’s propensity), but you can prove he always checks his phone when driving at 2:03PM

Question 10

Civil cases

Answer 10

Character evidence is NOT to show propensity unless:

1. Character is an essential element of the claim/ dense (Defamation)
2. The case involves a claim for relief based on the defendant’s alleged sexual assault or child molestation.

Question 11

Homicide Case

Answer 11

The prosecutor may offer evidence of a dead person’s peaceful propensities, but only WHEN THE DEFENDANT alleges the dead person was the first aggressor.

Question 12

Specific conduct

Answer 12

only allowed in two scenarios:

1. Witness untruthfulness on the cross.
2. In civil cases where the character is an essential element of the crime (defamation, negligent hiring or entrustment, and child custody) you can bring in prior crimes or acts.