Character Evidence

Question 1

What is Character Evidence?

Answer 1

Evidence that refers to a person’s general propensity or disposition

Question 2

What is character Evidence generally admissible to show?

Answer 2

• 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

Question 3

What are the forms of Character Evidence?

Answer 3

• Specific Acts
• Opinion Testimony
• Reputation Testimony

Question 4

When can the prosecution in a criminal case use character evidence of the defendant?

Answer 4

The prosecution normally cannot use character evidence in their case in chief. However, the prosecution may rebut the defendant’s character evidence

Question 5

What is Reputation Testimony?

Answer 5

Testimony as to the person’s general reputation in the community

Question 6

What kind of character evidence may the defense use in a criminal case?

Answer 6

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)

Question 7

What form of character evidence of the defendant may the prosecution use in a criminal case?

Answer 7

• Cross-Examine the defense’s witness with the defendant’s specific acts
• Prosecution’s on witness for reputation or opinion testimony

Question 8

May the prosecution enter extrinsic evidence of the defendant’s specific acts?

Answer 8

No. The Prosecution may only cross examine on specific acts

Question 9

What form of character evidence may the defense use of the victim in a criminal case?

Answer 9

Reputation or Opinion Testimony

Question 10

What can the Prosecution use Character Evidence of the victim in a criminal case?

Answer 10

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

Question 11

What form of character evidence may the prosecution use of the victim in a criminal case?

Answer 11

Repuation and Opinion Testimony

Question 12

What restrictions are put on character evidence in a criminal sexual assault case?

Answer 12

A victim’s past sexual behaviour is inadmissible except to show
1. Another source of semen or injury
2. Consent between victim and defendant

Question 13

What restrictions are put on character evidence in a civil sexual assault case?

Answer 13

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

Question 14

What restrictions are put on character evidence in a civil case?

Answer 14

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)

Question 15

What restrictions are put character evidence in a case where character is directly at issue?

Answer 15

All forms of character evidence about a pertinent trait are admissible

Question 16

What are common cases/claims in which one’s character is at issue?

Answer 16

• Defamation - Truthfulness at issue
• Negligent Hiring or Entrustment - Trustworthiness at issue
• Child Custody - Parent Character at issue

Question 17

What character trait is at issue in a defamation case?

Answer 17

Truthfulness

Question 18

What character trait is at issue in a Negligent Hiring Case?

Answer 18

Trustworthiness

Question 19

When is non pertinent misconduct admissible?

Answer 19

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

Question 20

What is the burden of proof for evidence of relevant misconduct to be admissible?

Answer 20

Sufficient evidence to support a jury finding that the defendant committed that misconduct.

No need to have been convicted

Question 21

What is the Reverse 403 Standard?

Answer 21

A judge may deem evidence admissible only if its probative value substantially outweighs the unfair prejudice

Question 22

What is required to use other misconduct as evidence for an independently relevant purpose?

Answer 22

Notice of intention to use, in writing

The court has discretion to waive a failure to provide notice

Question 23

For what purpose is the defendant’s similar misconduct admissible in sex crime cases?

Answer 23

For any relevant purpose including propensity

Sexual Assaut or Child Molestation cases