Character Evidence Flashcards

1
Q

When character evidence can be offered as substantive evidence generally

A

Character evidence refers to a person’s general propensity or disposition

Can be offered for the following purposes
- person’s character in the rare situation where their character is directly in issue in the case (an essential element of a claim / defense), or
- serve as circumstantial evidence of how a person reasonably acted during the events of the case (propensity)

Witness’s bad character for truthfulness can be offered for impeachment purposes

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2
Q

Methods of proving character

A

Depending on the purpose of the offer and the nature of the case, some or all of the following methods of 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

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3
Q

Defendant’s character in criminal cases

A

Prosecution cannot initiate evidence of defendant’s bad character - cannot use it in case-in-chief to show that it is within the defendant’s character to commit the charged crime

Defendant is permitted to introduce evidence of their own good character to show their innocence

If defendant introduces evidence of their good character, prosecution can rebut with evidence of the defendant’s bad character
- character is not in issue merely by testifying

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4
Q

How defendant proves character in criminal case

A

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
- pertinent trait so relevant to the charge

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5
Q

Prosecution’s rebuttal of character evidence in criminal case generally

A

Once the defendant opens the door by introducing character evidence, the prosecution can take either or both of the following actions
- cross examine the defendant’s character witness
- call its own character witness to provide reputation or opinion testimony

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6
Q

Prosecution’s rebuttal of character evidence in criminal case - cross examining the witness

A

The prosecution can ross examine the defendant’s character witness regarding the basis for their testimony - questions about specific acts of the defendant that show the defendant’s bad character for the trait

The permitted purpose of this is to show the character witness’s lack of knowledge, not to prove the defendant’s bad character

Any misconduct, including prior arrests, may be inquired about while cross-examining witness

Limited to inquiry of the witness - cannot introduce any extrinsic evidence of misconduct

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7
Q

Prosecution’s rebuttal of character evidence in criminal case - calling own witness

A

The prosecution can also call its own character witnesses to provide reputation or opinion testimony about the defendant’s bad character for the trait in question

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8
Q

Defendant introducing character evidence of victims

A

Except in sexual assault cases, the defendant can introduce reputation or opinion evidence of a bad character trait of the alleged victim when it is relevant to show the defendant’s innocence
- but can show specific instances if its not for propensity purposes, like to show defendant’s state of mind at the time of the act - like he was scared of him for x reason

Becomes relevant when the defendant claims self-defense and argues that the victim was the first aggressor

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9
Q

Prosecution rebuttal to defendant bringing victim character evidence in self-defense

A

Once the defendant has introduced evidence of a victim’s bad character for a pertinent trait, 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

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10
Q

Prosecution initiating character evidence in self-defense claim in homicide cases

A

Special rule - allows prosecution to offer evidence of a victim’s good character for peacefulness

In homicide case where defendant pleads self-defense, evidence of any kind that the victim was the first aggressor opens the door to evidence that the victim had a good character for peacefulness
- prosecution can introduce this evidence regardless of whether the def has introduced character evidence of victim’s generally violent propensity

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11
Q

Rape victim’s past behavior generally

A

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

Exceptions

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12
Q

Rape victim’s past behavior generally - criminal exception

A

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

Specific instances of sexual behavior between the victim and the defendant are admissible by prosecution for any reason and by the defense to prove consent

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13
Q

Rape victim’s past behavior generally - exception in civil cases

A

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 unfair prejudice to any party
- special balancing - reverse 403
- favors excluding

Evidence of an alleged victim’s reputation is admissible only if it has been placed in controversy by the victim

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14
Q

Character evidence in civil cases generally

A

Character evidence is generally inadmissible to prove conduct in conformity
- cannot be offered to prove how a person probably acted during the events of the current case
- regardless of which party seeks to offer the evidence

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15
Q

Character as an essential element

A

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

Generally limited to
- defamation cases where truth is a defense
- negligent hiring or entrustment cases, and
- child custody cases

When character is directly in issue, all forms of character evidence are admissible

Very rare

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16
Q

Other crimes, wrongs, or acts

A

Evidence of a person’s other crime, wrongs, or acts is generally inadmissible if offered solely to prove conduct in conformity/propensity

But admissible if relevant to some issue other than their character or propensity
- 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

Admissible only if the defendant is actually contesting the non-character issue

17
Q

Non-character purposes for offering character evidence (5)

A

Motive

Intent

Absence of mistake or accident

Identity

Common plan or scheme

Not a comprehensive list - can be admitted as long as it is relevant to any purpose other than general character or propensity

18
Q

Proving misconduct for other than propensity (requirements for admissibility)

A

The misconduct may be proved by any evidence, like witness testimony, the defendant’s criminal conviction, etc

There must be sufficient evidence to support a jury finding that the defendant committed the other misconduct

Notice requirement in criminal cases

19
Q

Notice requirement in criminal cases for character evidence other than propensity

A

In a criminal case, the prosecutor must provide reasonable notice of any evidence of this type that the prosecutor intends to offer at trial

Usually must be in writing and provided in advance of trial

Must articulate the non-propensity purpose for which the evidence will be offered and the reasoning that supports the purpose

20
Q

Defendant’s similar misconduct in sex-crime cases

A

Evidence of a defendant’s other acts of sexual assault or child molestation is admissible in a criminal or civil case where the defendant is accused of committing an act of sexual assault or child molestation

Party intending to offer must disclose it to the defendant 15 days before trial

Relevant for any purpose, including propesnetiy to commit sex crimes