Character Evidence

Question 1

what is “character” evidence?

Answer 1

evidence of a person’s general propensity or disposition (ie–honesty, peacefulness, violence)

Question 2

in what 2 general situations may character evidence be offered for its truth?

Answer 2

1) to prove a person’s character when their character is DIRECTLY at issue (essential part of a claim/defense),
2) to serve as circumstantial evidence of how a person probably acted during the events of the case

Question 3

true or false: evidence of a person’s character for untruthfulness may be offered for its truth.

Answer 3

FALSE (may only be offered for impeachment purposes)

Question 4

what are the 3 methods of proving character?

Answer 4

1) evidence of a person’s specific acts
2) opinion testimony of a witness who knows the person
3) testimony as to the person’s general reputation in the community

Question 5

true or false: the prosecution CAN INITIATE evidence of defendant’s bad character to show they acted in accordance with that character to commit the crime.

Answer 5

FALSE (prosecutor cannot open the door)

Question 6

true or false: the defendant is permitted to introduce evidence of their own good character to show their INNOCENCE.

Answer 6

TRUE

Question 7

true or false: the prosecution can rebut the defendant’s evidence of good character with evidence of defendant’s bad character.

Answer 7

TRUE (can offer once defendant opens the door)

Question 8

how may a defendant witness prove character?

Answer 8

by offering opinion or reputation testimony

Question 9

true or false: a defendant puts their character at issue if they choose to testify.

Answer 9

FALSE (this only puts their CREDIBILITY at issue! state can thus only offer impeachment evidence to rebut, not character evidence)

Question 10

how may the prosecution proceed once the defendant has opened the door to character evidence?

Answer 10

can proceed by either (or both):
1) cross examining the defendant’s character witness regarding the BASIS for their testimony by asking questions about specific acts of the defendant to show the witness’s lack of knowledge (ie – did you know? have you heard?)
2) calling its own witness to provide reputation or opinion testimony about the defendant’s BAD character for the trait in question (to rebut)

Question 11

true or false: in cross examining a defendant’s character witness, the prosecution may introduce extrinsic evidence of specific acts of the defendant to show witness’s lack of knowledge.

Answer 11

FALSE (may not introduce extrinsic evidence of defendant misconduct to show witness’s lack of knowledge – may ONLY INQUIRE about the witness’ AWARENESS of misconduct)

Question 12

when can a defendant introduce character evidence of an alleged crime victim?

Answer 12

when it is relevant to show the defendant’s innocence
**MAIN FACT PATTERN = defendant claims self defense and argues victim was the first aggressor

Question 13

generally, when is a defendant NOT allowed to introduce victim character evidence (despite being relevant to innocence)?

Answer 13

when the case involves sexual assault

Question 14

with what kind of evidence may the prosecution rebut defendant’s evidence of victim’s BAD character for a pertinent trait?

Answer 14

with reputation or opinion evidence of either…
1) the victim’s GOOD character for the same trait, or
2) the defendant’s BAD character for the same trait

Question 15

what is the special rule that allows the prosecution to initiate evidence of a victim’s good character for peacefulness (regardless of whether defendant has introduced evidence of victim’s violent character)?

Answer 15

in (1) a homicide case where (2) the defendant pleads self defense, evidence of ANY KIND (not just character evidence) that (3) the victim was the first aggressor opens the door to evidence that (4) the victim had a good character for peacefulness

Question 16

true or false: generally, in cases involving sexual misconduct, evidence offered to prove sexual behavior/disposition of the victim is INADMISSIBLE.

Answer 16

TRUE

Question 17

when may evidence of victim’s sexual behavior be ADMITTED in a CRIMINAL case? (2 situations)

Answer 17

1) when offered to prove that someone other than the defendant was the source of semen, injury, other physical evidence, or
2) when specific instances of sexual behavior BETWEEN the victim and defendant are offered:
- for ANY purpose (by prosecution), or
- to prove consent (by the defense)

Question 18

when may evidence of a victim’s sexual behavior be ADMITTED in a CIVIL case? (2 elements)

Answer 18

when it is…
1) not excluded by any other rule, and
2) its probative value SUBSTANTIALLY OUTWEIGHS both:
- danger of harm to the victim, and
- unfair prejudice to any party
**NOTE = second prong is a REVERSE 403 balancing test (favors exclusion)

Question 19

true or false: in a CIVIL CASE, character evidence is generally INADMISSIBLE to show conduct in conformity.

Answer 19

TRUE (regardless of which party seeks to introduce the evidence)

Question 20

in a civil case, in what 3 situations is character considered “directly in issue” (thus admissible)?

Answer 20

1) defamation cases where truth is a defense (plaintiff character at issue)
2) negligent hiring/entrustment cases (hired/entrusted person’s character at issue), and
3) child custody cases (parents’ character at issue)

Question 21

when character is “directly in issue”, what forms of evidence are admissible?

Answer 21

reputation, opinion, and specific acts (all kinds of character evidence!)

Question 22

true or false: generally, evidence of a person’s crimes, wrongs, acts (misconduct) are inadmissible to prove conduct in conformity/propensity.

Answer 22

TRUE

Question 23

when is evidence of a person’s misconduct ADMISSIBLE as bearing on guilt/liability? (ie–MIMIC)

Answer 23

when it is relevant to any issue OTHER THAN their character or propensity to commit the act alleged/crime charged (independently relevant, shows something specific about the alleged act other than bad character)

Question 24

what 2 things must be true for independently relevant evidence of misconduct to be ADMISSIBLE?

Answer 24

1) the defendant must ACTUALLY be contesting the issue, and
2) there is sufficient evidence to support a jury finding that the defendant committed the other misconduct (reasonable juror could come to this conclusion)

Question 25

what are the common non-propensity purposes for offering evidence of misconduct? (MIMIC)

Answer 25

(MIMIC)
Motive
Intent
Mistake (absence of!)
Identity
Common plan or scheme

Question 26

true or false: the prosecution need not provide notice to the defendant that they intend to produce non-propensity misconduct evidence.

Answer 26

FALSE (prosecutor needs to provide defendant with reasonable notice)

Question 27

what must be true for prosecutor to sufficiently NOTICE defendant of their intended use of non-propensity misconduct evidence?

Answer 27

notice must…
1) be in writing
2) be provided in advance of trial (unless court finds good cause)
3) identify the non-propensity purpose for which the evidence is being offered, and
4) articulate the reasoning that supports that purpose

Question 28

what is the one important exception to the general rule that misconduct evidence is NOT admissible to show propensity?

Answer 28

(both civil and criminal cases)
evidence of a defendant’s other acts of sexual assault or child molestation are admissible for ANY PURPOSE in cases where defendant is accused of committing sexual assault or child molestation

Question 29

what level of notice is required to offer misconduct evidence for its propensity purpose (sexual assault/child molestation exception)?

Answer 29

party intending to offer evidence must disclose it to the other defendant 15 days before trial (or later with good cause)