Character Evidence Flashcards
Heavily Tested
Methods of Proving Character
Depending on the purpose of the offer and the nature of the case, some or all of the following methods pf proving character may be allowed:
- Evidence of the person’s specific acts;
- Opinion testimony of a witness who knows the person; and
- Testimony as to the person’s general reputation in the community.
Types of Character Evidence
Character evidence refers to a person’s general propensity or disposition (such as honesty, fairness, peacefulness, violence).
Character evidence might be offered as substantive evidence (meaning to prove a fact at issue in the case) for the following purposes:
- to prove a person’s character in the rare situation where their character is directly in issue in the case; or
- to serve as circumstantial evidence of how a person probably acted during the events of the case. This is also known as “conduct in conformity with character” or “propensity” evidence.
Additionally, evidence of a person’s bad character for truthfulness may be offered for impeachment purposes.
Defendant’s character in a criminal case
The prosecution cannot initiate evidence of the defendant’s bad character to show conduct in conformity.
In other words, they can’t introduce such evidence during their case-in-chief to show that it is within the Defendant’s character to commit the charged crime.
However, the defendant is permitted to introduce evidence of their own good character to show their innocence.
If the Defendant introduces evidence of their good character, the prosecution can then rebut it with evidence of D’s bad character.
How Defendant Proves Character
A character witness for the defendant may testify as to the defendant’s good reputation for a pertinent trait and may give their personal opinion concerning. that trait of the defendant.
Prosecution’s Options - Cross-Examination of D’s Character Witness and Rebuttal
Once the D opens the door by introducing character evidence, the prosecution can take either or both of the following actions:
- Prosecution can cross-examine the defendant’s character witness regarding the basis of their testimony by asking “Have you heard?” or “Did you know?” questions about specific acts of the defendant that show the defendant’s bad character for the trait in question. The permitted purpose of the cross-examination is to show the character witness’s lack of knowledge, not to prove the defendant’s bad character.
- The prosecution can call its own character witnesses to provide reputation or opinion testimony about the defendant’s bad character for the trait in question.
Victim’s character in criminal case - When D can initiate
Except in sexual assault cases, the defendant may introduce reputation or opinion evidence of a bad character trait of the alleged crime victim when it is relevant to show the defendant’s innocence.
Although a victim’s character usually has no bearing on the defendant’s innocence, it becomes relevant when the defendant claims self-defense and argues that the victim was the first aggressor.
When D can initiate - Prosecution Rebuttal
Once the D has introduced evidence of a victim’s bad character for a pertinent trait (usually violence), the prosecution may rebut with reputation or opinion evidence of:
- the victim’s good character for the same trait, or
- the defendant’s bad character for the same trait.
When Prosecution Can Initiate - Rebutting Self-Defense Claim in Homicide
There is a special rule that allows the prosecution to offer evidence of a victim’s good character for peacefulness. In a homicide case in which the defendant pleads self-defense, evidence of any kind (not just character evidence) that the victim was the first aggressor opens the door to evidence that the victim had a good character for peacefulness.
The prosecution can introduce this evidence regardless of whether the defendant has introduced character evidence of the victim’s generally violent propensity.
Rape Victims
In any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to prove the sexual behavior or sexual disposition of the victim is generally inadmissible.
Rape Victim’s Past Behaviors - Exception in Criminal Cases
In a criminal case, specific instances of a victim’s sexual behavior are admissible to prove that someone other than the defendant is the source of semen, injury, or other physical evidence.
Also, specific instances of sexual behavior between the victim and the defendant are admissible by the prosecution for any reason and by the defense to prove consent.
Rape Victim’s Past Behaviors - Exception in Civil Cases
In a civil case, evidence of the alleged victim’s sexual behavior is admissible if it is not excluded by any other rule and its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party (notice that this is the reverse of Rule 403 and favors excluding the evidence).
Evidence of an alleged victim’s reputation is admissible only if it has been placed in controversy by the victim.
Civil Cases - Generally not admissible
in civil cases, character evidence is generally inadmissible to prove conduct in conformity; meaning, it cannot be offered to prove how a person probably acted during the events of the current case. This is true regardless of which party seeks to offer the evidence
Admissible when character directly in issue
When proof of a person’s character, as a matter of substantive law, is an essential element of a claim or defense, it is said that character is “directly in issue”
This is rare, and for bar exam purposes is generally limited to:
- Defamation cases where truth is a defense (plaintiff’s character is at issue);
- Negligent hiring or entrustment cases (hired/entrusted person’s character is at issue); and
- Child custody cases (parents’ character is at issue)
When character is directly in issue, all forms of character evidence (reputation, opinion, and specific acts) are admissible.
General Rule - Other Misconduct Inadmissible
Evidence of a person’s other crimes, wrongs, or acts is generally inadmissible if offered solely to prove conduct in conformity/propensity.
In other words, the evidence can’t be offered just to suggest that because the defendant tends to do bad things, they are more likely to have committed the charged crime.
Admissible if Independently Relevant (MIMIC Evidence)
Evidence of a person’s other crimes, wrongs, or acts is admissible if relevant to some issue other than their character or propensity to commit the crime charged (or the alleged act in civil cases).
In other words, if a defendant’s other misconduct shows something specific about the charged crime - something more than just bad character - evidence of that misconduct may be admissible as bearing on guilt. Such evidence is usually offered in criminal cases, but it can also be used in civil cases (such as tort actions for fraud and assault).
