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Evidence > Character Evidence > Flashcards

Character Evidence Flashcards

1
Q

What does character evidence generally refer to?

A

1) A person’s
2) General propensity
3) or disposition

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2
Q

What are the attributes that general propensity or disposition can refer to?

A

1) honesty
2) fairness
3) peacefulness
4) violence

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3
Q

What does substantive evidence mean?

A

Evidence to prove
1) a fact
2) at issue
3) in the case

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4
Q

What is the rare situation when character evidence may possibly be admitted?

A

To prove a person’s character
2) where their character
3) is DIRECTLY IN ISSUE

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5
Q

What does it mean if something is directly in issue in the case?

A

It’s an essential element of a claim or defense.

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6
Q

What is the more common (at least compared to the rare instance) when character evidence can come in?

A

If it serves as
1) CIRCUMSTANTIAL EVIDENCE
2) OF HOW A PERSON
3) PROBABLY
4) ACTED

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7
Q

What is the more common (at least compared to the rare instance) when character evidence can come in known as?

A

1) Conduct in conformity with character

OR

2) Propensity

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8
Q

When is evidence of a WITNESS’S bad character for truthfulness possibly admit-table?

A

When offered:
1) for IMPEACHMENT purposes

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9
Q

What does impeachment purposes mean? What does it not mean?

A

1) To attack the witness’s credibility
2) Not to prove a fact in the case

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10
Q

Depending on the purpose of the evidence/nature of the case, what may character evidence come in for?

A

1) Evidence of person’s SPECIFIC ACT
2) OPINION testimony of a witness of a witness who knows the person
3) Testimony as to person’s GENERAL REPUTATION in community

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11
Q

When can a defendant in a case introduce character evidence? What type of case? Why is it allowed?

A

1) D can introduce evidence in a criminal case
2) of their GOOD character to show their innocence.

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12
Q

What type of case can a defendant introduce character evidence? Why?

A

A criminal case. Because their life, or liberty is at stake.

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13
Q

z

A

z

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14
Q

Who cannot INTRODUCE character evidence about defendant in a criminal case?

A

The prosecution.

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15
Q

When/who cannot INTRODUCE character evidence about defendant in a criminal case?

A

The prosecution in their CASE IN CHIEF

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16
Q

When can someone who otherwise would not be allowed to introduce character evidence be allowed to?

A

In a criminal case, in rebuttal to Defendant’s character evidence

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17
Q

In a criminal case, if a defendant introduce’s evidence of their good character, what can an opposing party do?

A

1) a Prosecutor can introduce evidence
2) to REBUT defendant’s character evidence
3) With evidence of Defendant’s BAD character

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18
Q

Does a defendant put their character at issue merely by testifying?

A

No.

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19
Q

What does a defendant put at issue merely by testifying? What is the prosecution then free to introduce? What are they not free to do absent additional facts?

A

Their credibility.

2) Only evidence of impeachment.

3) Introduce substantive character evidence

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20
Q

If a Defendant, in a criminal case, introduces character evidence, what is it called from a prosecution stand point?

A

Opening the door.

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21
Q

if a Defendant, in a criminal case, introduces character evidence, what options are available to the prosecution? Can they only choose one option.

A

1) Prosecution can REEXAMINE THE DEFENDANT’S CHARACTER WITNESS.
2) Prosecution can call its own character witness’s

They can choose Either or both

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22
Q

if a Defendant, in a criminal case, introduces character evidence, what can prosecution ask defendant’s character witness? What types of questions can they ask?

A

1) They can cross about the basis of witness’s testimony
2) “Have you heard? or “Did you know?” questions
3) about SPECIFIC ACTS of the defendant that shows bad character related to trait in question.

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23
Q

if a Defendant, in a criminal case, introduces character evidence, what can prosecution prosecution’s questions to D’s character witness be about?

A

1) SPECIFIC ACTS of D
2) that show BAD CHARACTER of TRAIT IN QUESTION

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24
Q

if a Defendant, in a criminal case, introduces character evidence, what is the permitted purpose of a prosecution’s cross examination questions?

A

To show D’s character witness:
1) lacks knowledge

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25
Q

if a Defendant, in a criminal case, introduces character evidence, what is an impermissible purpose of a prosecution’s cross examination questions?

A

It cannot be asked to prove defendant’s BAD CHARACTER.

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26
Q

if a Defendant, in a criminal case, introduces character evidence, what types of things may prosecution ask the witness about?

A

1) ANY MISCONDUCT

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27
Q

if a Defendant, in a criminal case, introduces character evidence, is the prosecution allowed to ask about any of D’s prior arrests to their witness? Why?

A

1) Yes.

2) It shows witness’s lack of knowledge about Defendant’s character trait at issue.

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28
Q

What is a Prosecutor limited to in cross?

A

Inquiry of the witness.

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29
Q

What can’t a Prosecutor do while crossing D’s character witness?

A

They cannot introduce ANY EXTRINSIC EVIDENCE OF MISCONDUCT.

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30
Q

What is a category of question (not styly/type) Prosecutor can ask while crossing D’s character witness?

A

Character witness’s awareness of Defendant’s prior arrests.

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31
Q

What is a category of question (not style/type) Prosecutor can’t ask while crossing D’s character witness? Why?

A

Extrinsic evidence. This would implicate extrinsic evidence of misconduct.

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32
Q

What can prosecution’s own rebuttal character witness provide as to D’s bad character?

A

1) Reputation
2) Opinion testimony
3) About Defendant’s
4) Bad character trait in question

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33
Q

What character evidence can a defendant introduce about a victim?

A

Reputation or opinion evidence of the alleged crime victim

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34
Q

when can a defendant introduce character evidence about a victim?

A

When it is relevant to show defendant’s innocence

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35
Q

What types of cases can’t a defendant introduce reputation or opinion evidence about a victim?

A

Sexual Assault case.

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36
Q

What types of traits can a defendant introduce character evidence about?

A

Pertinent traits to the case.

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37
Q

What is a common trait that a Defendant will introduce character evidence about the victim for?

A

Violence.

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38
Q

Does a victim’s character usually have any bearing on the defendant’s innocence? How can it be relevant?

A

1) No.
2) But if defendant claims self defense, and argues victim was aggressor it becomes relevant.

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39
Q

If a defendant has introduced evidence of a victim’s bad character for a pertinent trait, what types of evidence can prosecution rebut with?

A

Reputation or opinion evidence.

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40
Q

If a defendant has introduced evidence of a victim’s bad character for a pertinent trait, what is the substance of evidence can prosecution rebut with?

A

1) Victim’s good character
2) Defendant’s BAD character

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41
Q

If a defendant has introduced evidence of a victim’s bad character for a pertinent trait, which type of trait can the prosecution introduce approriate evidence about?

A

The same trait.

42
Q

If the victim’s character is at issue in a criminal trial, and a defendant initiates evidence/prosecution rebuts, what type /purpose of evidence has the defendant introduced?

A

Propensity evidence

43
Q

What does propensity evidence mean?

A

To prove how someone likely acted during the altercation at issue.

44
Q

What other purpose can a defendant introduce evidence of a victim’s character in a criminal case? What category of evidence is it under?

A

D can offer evidence of victim’s character
1) to show D’s state of mind.

Non - propensity purposes.

45
Q

How does evidence of a victim’s character trait at issue introduced to show state of mind work?

A

It can show:
1) D knew at time of altercation victim had a violent reputation
2) D knew victim had committed violent acts in the past

46
Q

What may evidence of a victim’s character trait at issue introduced to show state of mind be admitted for?

A

To prove
1) D acted reasonably
2) In responding to V’s aggression.

47
Q

If a D introduces character evidence about Victim to prove how the victim likely acted during the altercation at issue, what is this type of evidence called? what type of evidence may not be introduced by D?

A

1) Propensity evidence.

2) Specific acts.

48
Q

If a D introduces character evidence about Victim to prove D’s state of mind during the altercation, what is this type of evidence called? what type of evidence can be introduced by D?

A

1) Non-propensity evidence.

2) Victim’s specific acts related to the trait at issue.

49
Q

When can Prosecution introduce character evidence about victim? What must Defendant do to initiate this route to the prosecution?

A

In a homicide case. Defendant must claim self defense.

50
Q

If D’s pleadings meet the requirements to allow P to introduce victim’s character , what can prosecution offer evidence for?

A

To show victim’s good character for peacefulness.

51
Q

If D’s pleadings meet the requirements to allow P to introduce the victim’s character evidence, what types of evidence can prosecution offer evidence?

A

Any kind of evidence.

52
Q

What types of evidence in a homicide case allows prosecution to open door that victim had a good character for peacefulness?

A

1) ANY KIND of evidence
2) that portrays victim as first aggressor
3) opens door to prosecution
4) to show V had a good character for peacefulness.

53
Q

What is an example of evidence in a homicide case that does not implicate V’s character but opens door for prosecution to provide evidence as to V’s good reputation for peacefulness?

A

Eyewitness testimony that victim struck first.

54
Q

How does a defendant prove character?

A

1) a character witness
2) for the defendant
3) may testify
4) as to D’s
5) GOOD REPUTATION
6) FOR A PERTINENT TRAIT
7) and may give their own
8) PERSONAL OPINION
9_ concerning that trait of D

55
Q

What can a defendant’s character witness testify about?

A

1) D’s
2) GOOD REPUTATION
3) FOR A PERTINENT TRAIT

AND

1) Their personal OPINION
2) concerning trait of Defendant’s AT ISSUE

56
Q

What is generally inadmissible in a sexual misconduct case?

A

1) Evidence offered to prove
2) Sexual behavior or DISPOSITION
3) of victim

57
Q

What types of litigation does the general presumption against inadmissibility in a sexual misconduct case apply to ?

A

Civil and criminal.

58
Q

What is admissible about victim’s sexual past in a criminal sexual misconduct case?

A

1) SPECIFIC instances of a victim’s sexual behavior
2) To prove
3) SOMEONE OTHER than defendant
4) Was source of semen, injury, or other physical evidence

59
Q

In order to be admissible, what must evidence by defendant be offered for as to victim’s sexual past in a criminal sexual misconduct case?

A

1) to show that someone OTHER than defendant was responsible for semen, injury, physical evidence
2) to show consent as to specific instances of sex between victim and D in past

60
Q

What is generally admissible in a criminal sexual misconduct case by the prosecution?

A

Specific instances of sexual behavior between victim and defendant.

61
Q

For what purpose must something that is admissible in a criminal sexual misconduct case by the prosecution be offered?

A

Any reason.

62
Q

What is generally admissible in a criminal sexual misconduct case by the Defense? Is there a purpose D must offer in order for it to be admissible?

A

D can provide evidence of specific instances of sex between victim and D in order to prove consent.

63
Q

In what types of cases are prosecution and defense allowed to introduce limited evidence about Victim’s sex history?

A

Criminal cases.

64
Q

In civil cases, what must be true about evidence of V’s past sexual behavior in order for it to be admittable?

A

1) It cannot be excluded by any other FRE rule
2) it’s probative value must SUBSTANTIALLY outweigh danger of harm to victim AND unfair prejudice to any party.

65
Q

What does the special balancing test in civil sexual misconduct cases apply to? what is the test?

A

1) Evidence of victim’s past sexual behavior

Test: The evidence’s probative value must SUBSTANTIALLY outwigh the danger of:

1) harm to victim
AND
2) unfair prejudice to any party

66
Q

What is the special balancing test in civil sexual misconduct cases colloquially known as? What does the special balancing test in civil sexual misconduct cases favor?

A

1) Reverse of rule 403
2) It favors excluding the evidence

67
Q

When is evidence of an alleged victim’s reputation admissible in a civil case?

A

Only if it has been placed in controversy by the victim.

68
Q

In civil cases, when is character evidence generally inadmissible?

A

When offered to prove conduct in conformity.

69
Q

What is true about character evidence in a civil case?

A

It cannot be offered to prove how a person probably acted during the events of the current case.

70
Q

In a civil case, who can introduce character evidence to prove how a person probably acted acted during the events of the current case?

A

Neither side.

71
Q

What does it mean that a character trait directly in issue?

A

As a matter of substantive law, it is essential element.

72
Q

For bar exam purposes, what types of cases are character traits directly at issue?

A

1) Defamation
2) Negligent hiring or entrustment
3) Child custody cases

73
Q

If character is directly in issue? what forms of character evidence are admissible?

A

All forms
1) Reputation
2) Opinion
3) Specific Acts

74
Q

When is a character trait directly at issue in a defamation case?

A

If truth is a defense then Plaintiff’s character is at issue.

75
Q

When is a character trait directly at issue in a negligent hiring or entrustment case?

A

hired/entrusted person’s character is at issue

76
Q

When is a character trait directly at issue in child custody cases?

A

Parents’ character is directly at issue

77
Q

For non-character purposes, how does the FRE generally treat a person’s other acts of misconduct?

A

Other crimes, wrongs, or acts are generally inadmissible for conformity/ propensity purposes.

78
Q

What does it mean to say that Other crimes, wrongs, or acts are generally inadmissible for propensity purposes?

A

Evidence can’t be offered just to say because Defendant tends to do bad things they are more likely to have committed the charged crime.

79
Q

When is a persons other crimes/wrongs/acts admissible?

A

If relevant to some issue OTHER than D’s character or propensity to commit a crime/alleged act in civil cases.

80
Q

What are non character purposes for offering evidence about past crimes/wrongs/acts etc?

A

1) Motive
2) Intent
3) Absence of mistake
4) Identity
5) Common plan or scheme

81
Q

What is an example about non character purposes for offering evidence about past crimes/wrongs/acts etc for motive?

A

Burning a building to hide embezzlement

82
Q

What is an example about non character purposes for offering evidence about past crimes/wrongs/acts etc for intent?

A

to show guilty knowledge or lack of good faith

83
Q

What is an example about non character purposes for offering evidence about past crimes/wrongs/acts etc for absence of mistake?

A
84
Q

What is an example about non character purposes for offering evidence about past crimes/wrongs/acts etc for identity?

A

“Signature” crimes/modus operendai

85
Q

What is an example about non character purposes for offering evidence about past crimes/wrongs/acts etc for common plan or scheme?

A

committing one crime to plan for another?

86
Q

What does the mnemonic MIMIC stand for?

A

Motive
Intent
Mistake (absence of)
Identity
Common plan or scheme

87
Q

Is MIMIC an exhaustive list for non-propensity purposes to introduce other acts/crimes?

A

No, evidence can be admitted for
1) any purpose
2) other than
3) D’s general character/propensity to commit crime

88
Q

What are the requirements for admissibility as it relates to D’s past bad acts? Examples?

A

Misconduct may be proved by any evidence
1) witness testimony
2) defendant’s criminal conviction

89
Q

What must there be for other bad acts evidence to be admissible?

A

1) Sufficient evidence
2) to support a jury finding
3) That D committed act.

90
Q

What does it mean that there must be sufficient evidence to support a jury finding that D committed a bad act?

A

A reasonable juror could come to the conclusion that D committed the act.

91
Q

WHat is evidence of misconduct subject to?

A

403 balancing test– probative value
2) must not be SUBSTANTIALLY OUTWEIGHED
3) by unfair prejudice

92
Q

If a prosecutor intends to offer other bad act evidence in a criminal case, what must they do?

A

Provide reasonable notice that they intend to offer evidence.

93
Q

If a prosecutor intends to offer other bad act evidence in a criminal case, how must they usually convey it to the court?

A

1) In writing
2) provided in advance of trial

94
Q

If a prosecutor intends to offer other bad act evidence, can the court can excuse formalities around it?

A

Yes, court can excuse pretrial notice for good cause.

95
Q

If a prosecutor intends to offer other bad act evidence in a criminal trial, what is the formality they usually must follow called?

A

Pretrial notice.

96
Q

If a prosecutor intends to offer other bad act evidence in a criminal trial, what must the content be of what they provide to the court?

A

They must provide a non-propensity purpose for which the evidence will be offered and the reasoning that supports their purpose.

97
Q

What must Defendant do to allow MIMIC evidence against them admissible?

A

They must be contesting the non-character issue like identity or intent.

98
Q

If a MIMIC element is satisfied, when can the Prosecution introduce the evidence?

A

Whenever. In their CASE in chief. So long as they satisfy pre-trial notice or get it waived.

99
Q

In plain English, if a mimic element is satisfied what does it mean? Why?

A

It’s admissible whenever even if Defendant does not open door to character evidence.

2) Because it’s not being offered for propensity purposes.

100
Q

When is criminal or civil propensity evidence allowed?

A

Evidence of a defendant’s other acts of
1) sexual assault
or
2) child molestation

is admissible in a

1)criminal or civil case
2) where Di is being accused of committing an act of sexual assault or child molestation

CAN ONE BE OFFERED FOR THE OTHER?

101
Q

When is criminal or civil propensity evidence is allowed, what formalities must be followed?

A

1) Party intending to offer this evidence
2) must disclose it to defendant
3) 15 days before trial.

102
Q

When criminal or civil propensity evidence is allowed, what is it relevant for? Including? Are there any other situations where this is allowable?

A

Only in a sexual misconduct/child molestation context where D has previously been accused of such actions

Evidence (8 decks)

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