Character Evidence Flashcards
Character Evidence - Basic Concept
- refers to person’s general propensity or disposition (for honesty, fairness, peacefulness, violence, etc.)
Instances When Character Evidence CAN Be Offered
As substantive evidence:
- to prove a person’s character where their character is directly in issue in the case (an essential element of a claim or defense)
- to serve as circumstantial evidence of how a person probably acted during the events of the case (propensity evidence -> admissible in FEW situations)
- evidence of a witness’s bad character for truthfulness might be offered for impeachment purposes
Methods of Proving Character
- evidence of 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 Case
- prosecution cannot INITIATE evidence of def’s bad character to show conduct in conformity
- BUT def can introduce evidence of own good character to show innocence
-> if def does this, prosecution can rebut with evidence of def’s BAD character
Criminal Cases - How Def Proves Character
- character witnesses can testify re def’s good reputation for a particular trait
-> may also give their personal opinion concerning that trait of he defendant
Def’s Credibility vs. Character
- merely taking the stand does not put def’s character in issue
- BUT it DOES put def’s credibility at issue -> prosecution can offer impeachment evidence, but can’t offer substantive character evidence
Criminal Cases - Prosecution’s Options in Response to Def Character Witnesses
Once def opens door, prosecution can do either or both of following:
- cross-examine def’s character witness re basis for their testimony by asking questions about specific acts of def that show def’s bad character for trait in question
-> this option is permitted to show witness’s lack of knowledge, NOT really about proving bad character
- prosecution can call its own character witnesses to provide reputation or opinion testimony
-> think their witnesses would need to stick to the particular trait in question (the one for which def opened the door)
Victim’s Character in a Criminal Case - When Def Can Initiate
- except for sexual assault cases, def can introduce reputation or opinion ev of bad character trait of victim when relevant to establish innocence
-> typically no relevance, but relevant when def claims self-defense + argues victim was first aggressor
Victim’s Character - Prosecution’s Rebuttal When Defendant Initiates
- once def has introduced ev of a victim’s bad character for a pertinent trait *usually violence), prosecution may rebut with reputation or opinion evidence of:
-> victim’s good character for the same trait
-> def’s bad character for the same trait
Victim’s Character - Non-Propensity Purposes
- evidence of victim’s character may also be relevant to prove def’s state of mind at time of altercation
- ex: if def knew at t of altercation that victim had violent reputation or had committed violent acts in the past, ev may be used to prove def acted reasonably in responding to victim’s aggression
- note that prohibition on ev of specific acts doesn’t apply if you’re offering the ev for a non-propensity purpose
Victim’s Character - When Prosecution Can Initiate
- applies when rebutting self-defense claim in homicide case
- allows prosecution to offer evidence of victim’s good character for peacefulness
- in such instances, ev of ANY kind (not just character witnesses) that victim was first aggressor (ex: eyewitness testimony that victim struck first) opens door to ev that victim had good character for peacefulness
- prosecution can introduce such ev regardless of whether def has introduced character ev of victim’s generally violent propensity
Past Behavior of Rape Victims
- ev offered to prove sexual behavior or sexual disposition of rape victims in civil or crim proceedings involving sexual misconduct generally inadmissible
Exceptions:
- crim cases: specific instances of sexual behavior admissible to prove someone other than def is source of physical evidence, + instances of sexual behavior between victim + def admissible by prosecution for any reason + by defense to prove consent
- civil cases: ev of victim’s sexual behavior admissible if not excluded by any other rule AND its probative value substantially outweighs danger of harm to victim or unfair prejudice to any party
-> ev of alleged victim’s reputation admissible only if placed in controversy by victim
Character Evidence + Civil Cases
- generally NOT admissible to prove character in conformity
- BUT ALL forms of character ev are admissible (including specific acts) when character is directly in issue
Civil Cases Where Character is Directly in Issue
- defamation cases where truth is a defense (plaintiff’s character at issue)
- negligent hiring or entrustment cases (hired/entrusted person’s character at issue)
- child custody cases (parents’ character at issue)
Other Misconduct - General Rule
- evidence of a person’s other crimes, wrongs, or acts is generally inadmissible if offered solely to prove conduct in conformity/propensity
-> i.e. can’t be offered just to suggest def tends to do bad things + therefore more likely of the charged conduct
Other Misconduct - Instances Where Admissible - Overview
MIMIC
- evidence of a person’s other crimes, wrongs, or acts is admissible if relevant to some issue other than their character or propensity to commit the crime charged
-> i.e. trying to establish something specific about the charged crime - usually offered in crim cases, but could also apply in civil ones
Other Misconduct - List of Instances Where Admissible
Motive
Intent
Mistake (lack of)
Identity
Common plan or scheme
- not a comprehensive list - ev can be admitted as long as relevant to ANY purpose OTHER than def’s general character/propensity to commit the crime charged
Other Misconduct - Requirements for Admissibility
- may be proved by any evidence - witness testimony, def’s criminal conviction, etc.
- must be sufficient ev to support a jury finding that def committed the other misconduct
- misconduct is also subject to the usual Rule 403 standard (probative value must not be substantially outweighed by danger of unfair prejudice)
Other Misconduct - Notice + Criminal Cases
- in crim case, prosecutor must provide reasonable notice of any ev of this type that prosecutor intends to offer at trial
- notice must usually be in writing + provided in advance of trial
-> court may excuse lack of pretrial notice for good cause though - the notice must articulate the non-propensity purpose for which the ev will be offered + the reasoning that supports the purpose
Reminders for MIMIC Ev
- only admissible if def is actually contesting the non-character issue
- if a MIMIC category is satisfied, prosecution can use the ev of misconduct as part of its case-in-chief
-> means that b/c MIMIC ev is offered for NON propensity purpose, it is admissible even if def hasn’t open the door on character ev
Def’s Similar Misconduct in Sex Crime Cases
- ev of a def’s other acts of sexual assault or child molestation is admissible in a criminal or civil case where def is accused of committing an act of sexual assault or child molestation
- party intending to offer such ev must disclose it to def 15 days before trial (or later with good cause)
- such ev is relevant for ANY purpose, including propensity
