Character Evidence Flashcards
What is Character Evidence
Evidence that refers to a person’s general propensity or disposition (honesty, fairness, violence, etc.
When it might be offered as substantive evidence
1) prove person’s character when directly at issue (rare) (character trait being an element); OR
2) prove how person probably acted (conduct in conformity/propensity) (main one);
3) evidence of dishonesty might be offered for impeachment
Methods of proving character
Depends on purpose of the offer, nature of the case; some or all may be allowed:
1) specific acts
2) opinion testiomny
3) reputation testimony
Defendants Character in Criminal case and how D shows
Prosecution can’t initiate, but D can. If D initiates, P can rebut.
D can prove by reputation and/or opinion testimony concerning PERTINENT trait. Must be general - not referencing specific instances.
Prosecution’s options (D’s character)
Can do one or both:
1) Cross examine D’s character witnesses
—“have you heard” ; “did you know” questions
—purpose: test witnesses knowledge; NOT to denigrate character of D
2) Rebut by calling own character witnesses
When D can initiate re: Victim’s character in criminal case
Except in SA cases, D may introduce reputation or opinion evidence of bad trait WHEN IT IS RELEVANT to show the D’s innocence
Rare. Usaully violence trait to support self-D claim
Victim’s character in crim case – prosecution rebuttal
After D introduces evidence, Prosecution can rebut with reputation and/or opinion testimony concerning:
1) Victims godo character for same trait
2) D’s bad character for same trait
When Prosecution can initiate re: Victim’s character in criminal case
IF D claims self defense IN A HOMOCIDE CASE, evidence of ANY kind that victim was first aggressor opens door to evidence of victim’s good character for peacefulness
Rape Victim’s Past Behavior
Generally inadmissible.
CRIMINAL EXCEPTIONS:
1) Prove that someone other than the D is the source of semen, injury, or other physical evidence
2) Specific instances of sexual behavior between victim and D
—prosecution: any reason
—D: only to prove consent
CIVIL EXEPCTIONS:
1) Admissible if not excluded by any other rule and probative value substantially outweights unfair prejudice and harm to victim
—displaces 403
Character Evidence in Civil Cases
General inadmissible to prove conduct in conformity.
But admissible when character is directly at issue by substance of law. Generally limited to:
1) Defamation
2) negligent hiring or entrustment
3) Child custody
In these circumstances, ALL FORMS of character evidence is available, including specific instances.
Showing Other Misconduct for non-character purpose
(evidence of other crimses, wrongs, actions) Generally inadmissible if offered soley to prove conduct in conformity/propensity
Possibiliy admissible if offered for some INDEPENDENTLY RELEVANT purpose. Show something specific about the crime charged, more than just bad character.
–MIMIC
Common independtly relevant purposes (for showing misconduct for non character purposes)
—MIMIC
-Motive
-Intent
-Mistake (absence of)
-Identity
-COmmon plan or scheme
NOTE: not comprehensive
Requirements for admissibility of misconduct for non-character purpose
The misconduct may be proved by any evidence.
But there must be SUFFICIENT EVIDENCE TO SUPPORT A JURY FINDING that the D committed the other misconduct. (reasonable jurors could find)
Additionally, evidence of the misconduct is subject to RUle 403 standard.
In civil cases: notice requirement.
In Criminal case, Prosecutor must provide reasoanble notice of any evidence of htis type that he plans to offer at trial. Usually in writing and provided in advance of trial. Must articulate nonpropensity purpose and reasoning that supports it.
D’s similiar misconduct in sex crime cases
Admissable for ANY RELEVANT PURPOSE. Civil or criminal.
Must notify 15 days before trial.
