Character Evidence

Question 1

Defendant’s Character in a Criminal Case

Answer 1

In addition to providing opinion or reputation testimony of the defendant’ pertinent trait, in GA a testifying criminal defendant may testify as to their own specific acts to establish their good character for a pertinent trait.

However, all other character witnesses are limited to reputation or opinion testimony.

Question 2

Sexual Assault Victim’s Past Behavior (Rape Shield)

Answer 2

The federal rule (applies in civil and criminal cases) which prohibits the admission of a evidence attempting to prove sexual behavior or sexual disposition, applies in GA only in CRIMINAL CASES (not civil)

Evidence of past sexual behavior includes the victim’s general reputation for promiscuity, mode of dress, marital history, nonchasity, or sexual attitude contrary to community standards.

Question 3

Exceptions to Rape Shield

Answer 3

The following are admissible despite the rape shield in GA

1) specific instances of the victim’s sexual behavior with the defendant, if the evidence supports an inference that the defendant could have reasonably believed the victim consented

2) specific instances of the victim’s sexual behavior with someone other than the defendant if offered to prove that the person was the source of physical injury

3) specific instances of the victim’s sexual behavior with any person where such evidence is offered by the prosecution (GA SPECIFIC)

4) any other evidence whose exclusion would violate the defendant’s constitutional rights

If a party intends to offer evidence for an allowable purpose, the party must file a motion describing the evidence at least three days before trial (unless the court, for good cause, sets a different date)

Question 4

404(b)(2) MOIPP KIA Evidence

Answer 4

Federal Rules - in a criminal case, the prosecutor must provide reasonable notice of any evidence of this type

IN GA - GA requires the prosecution provide notice HOWEVER, notice is not required when such evidence is offered to prove:

1) the circumstances immediately surrounding the charged crime;
2) motive; or
3) prior difficulties between the accused and the alleged victim

Question 5

Criminal Defendants Gang Activity

Answer 5

In a criminal proceeding in which the defendant is accused of conducting or participating in criminal gang activity, evidence of the defendant’s other commission of criminal gang activity is admissible and may be considered for is bearing on any matter to which it is relevant.

The prosecution must disclose such evidence to the defendant at least 10 days in advance of true (unless the court modifies or excuses this requirement for good cause)