Character Evidence Flashcards
When character evidence can be offered as substantive evidence generally
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
Methods of proving character
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
Defendant’s character in criminal cases
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
How defendant proves character in criminal case
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
Prosecution’s rebuttal of character evidence in criminal case generally
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
Prosecution’s rebuttal of character evidence in criminal case - cross examining the witness
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
Prosecution’s rebuttal of character evidence in criminal case - calling own witness
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
Defendant introducing character evidence of victims
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
Prosecution rebuttal to defendant bringing victim character evidence in self-defense
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
Prosecution initiating character evidence in self-defense claim in homicide cases
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
Rape victim’s past behavior generally
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
Rape victim’s past behavior generally - criminal exception
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
Rape victim’s past behavior generally - exception in civil cases
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
Character evidence in civil cases generally
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
Character as an essential element
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