Character Evidence Flashcards
What is Character Evidence?
Evidence that refers to a person’s general propensity or disposition
What is character Evidence generally admissible to show?
- To prove a person’s character when directly at issue or an element of a claim or defense
- To prove how person probably acted (propensity)
- Impeachment
What are the forms of Character Evidence?
- Specific Acts
- Opinion Testimony
- Reputation Testimony
When can the prosecution in a criminal case use character evidence of the defendant?
The prosecution normally cannot use character evidence in their case in chief. However, the prosecution may rebut the defendant’s character evidence
What is Reputation Testimony?
Testimony as to the person’s general reputation in the community
What kind of character evidence may the defense use in a criminal case?
Reputation or Opinion Testimony of a defendant’s pertinent trait to show innocence or the victims trait pertinent to a defense (except in sexual assault cases)
What form of character evidence of the defendant may the prosecution use in a criminal case?
- Cross-Examine the defense’s witness with the defendant’s specific acts
- Prosecution’s on witness for reputation or opinion testimony
May the prosecution enter extrinsic evidence of the defendant’s specific acts?
No. The Prosecution may only cross examine on specific acts
What form of character evidence may the defense use of the victim in a criminal case?
Reputation or Opinion Testimony
What can the Prosecution use Character Evidence of the victim in a criminal case?
Prosecution normally cannot use character evidence in their case in chief except in homicide cases. However, the may rebut character evidence of the victim presented by the defendant
What form of character evidence may the prosecution use of the victim in a criminal case?
Repuation and Opinion Testimony
What restrictions are put on character evidence in a criminal sexual assault case?
A victim’s past sexual behaviour is inadmissible except to show
1. Another source of semen or injury
2. Consent between victim and defendant
What restrictions are put on character evidence in a civil sexual assault case?
Victim’s past sexual behaviour is admissible only if
1. It is not excluded by other rules AND
2. It’s probative value substantially outweighs its unfair prejudice
What restrictions are put on character evidence in a civil case?
Generally inadmissible to prove conduct or conformity (propensity) but it is admissible when proof of a person’s character is an essential element of a claim or defense (at issue)
What restrictions are put character evidence in a case where character is directly at issue?
All forms of character evidence about a pertinent trait are admissible
What are common cases/claims in which one’s character is at issue?
- Defamation - Truthfulness at issue
- Negligent Hiring or Entrustment - Trustworthiness at issue
- Child Custody - Parent Character at issue
What character trait is at issue in a defamation case?
Truthfulness
What character trait is at issue in a Negligent Hiring Case?
Trustworthiness
When is non pertinent misconduct admissible?
Except in sex crime cases, It is generally inadmissible to prove propensity but is admissible for an independently relevant purpose excluding propensity (MIMIC)
Motive | Intent | Mistake (absence of) | Identification | Common scheme
What is the burden of proof for evidence of relevant misconduct to be admissible?
Sufficient evidence to support a jury finding that the defendant committed that misconduct.
No need to have been convicted
What is the Reverse 403 Standard?
A judge may deem evidence admissible only if its probative value substantially outweighs the unfair prejudice
What is required to use other misconduct as evidence for an independently relevant purpose?
Notice of intention to use, in writing
The court has discretion to waive a failure to provide notice
For what purpose is the defendant’s similar misconduct admissible in sex crime cases?
For any relevant purpose including propensity
Sexual Assaut or Child Molestation cases
