Character Evidence Flashcards
When is character evidence admissible in a civil case?
Character evidence is usually inadmissible in civil cases. However, it will be permitted as substantive evidence (to prove a fact at issue in the case) if (1) the person’s character, as a matter of law, is an essential element of a claim or defense (directly in issue).
It will be directly in issue for 3 types of cases: (1) defamation cases where truth is a defense (2) negligent hiring or entrustment cases where the hired/entrusted person’s character is at issue and (3) child custody cases where parents’ character is at issue. In this limited situation, (1) opinion; (2) reputation; and (3) specific acts are permitted.
Non-character
MIMIC evidence
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 (or alleged act in the civil case). Non-character purposes for offering evidence may include (M)otive (for example, burning a building to hide embezzlement), (I)ntent (to show guilty knowledge or lack of good faith), absence of (M)istake or accident, (I)dentity (for example, signature crimes/modus operandi), or (C)ommon plan or scheme (usually, committing one crime to prepare for another)
This will be admissible is there sufficient evidence to support a jury finding that the defendant committed the other misconduct and if RULE 403 is met (the evidence’s probative value is not substantially outweighed by a danger of unfair prejudice, etc.)
In criminal cases written notice must be sent by prosecutor to defendant before trial (good cause exception applies)
Remember though, that MIMIC evidence is only admissible if the defendant is actually contesting the non-character issue
When can a defendant offer character evidence about himself in a criminal case?
DEFENDANT (must go first)
(1) A character witness for the defendant may testify as to the defendant’s good REPUTATION for a pertinent trait
(2) A character witness may give their personal OPINION concerning that pertinent trait of the defendant.
NO EVIDENCE OF SPECIFIC ACT ALLOWED.
Remember: The defendant does not open the door and put their character in issue by simply taking the stand. If they take the stand they put their credibility in issue and the prosecution can impeach them, but they do not put their character in issue so the prosecution can’t use character evidence.
When can the prosecution offer character evidence of the defendant in a criminal case?
The prosecution cannot offer evidence of the defendant’s bad character to show conduct in conformity in its case and chief. However, if the defendant opens the door by offering oinion or reputation character evidence, the prosecution may:
(1) Cross examine the defendant’s character witness regarding the basis for their testimony by asking “have you heard” “did you know” questions about specific acts of the defendant that show the defendant’s bad character for the pertinent trait in question. The purpose here is to show the character witness’ lack of knowledge not to prove the defendant’s bad character. If a character witness on the cross denies having heard or knowing what they are being asked about, extrinsic evidence is not permitted.
(2) The prosecution can call its own character witness to provide reputation testimony about the defendant’s bad character for the train in question.
(3) The prosecution can call its own character witness to provide reputation testimony about the defendant’s bad character for the trait in question.
When can a defendant introduce character evidence of a victim?
(1) Except in sexual assault cases, the defendant may introduce Reputation or Opinion evidence of a bad character trait of the alleged victim when it is relevant to show the defendant’s innocence (usually only in self-defense cases where the defendant is arguing that the victim was the first agressor).
(2) Evidence of a victim’s character can also be offered for NON-PROPENSITY purpose to prove the defendan’ts state of mind at the time of the altercation. In a self-defense case, if the defendant knew at the time of the altercation that the victim had a violent reputation or had committed violent acts in the past, evidence of the victim’s reputation or acts may be admitted to prove the defendant acted reasonably in responding to the victim’s aggression. THIS is a rare exception that allows reference to specific acts of conduct and is only allowed for this non-propensity purpose.
When can prosecution introduce character evidence of a victim?
Once the defendant has offered evidence of a victim’s bad character for a pertinent trait (usually violence), the prosecution may rebut with reputation or opinion evidence of either:
(1) the victim’s good character for the same trait; or
(2) the defendant’s bad character trait for the same trait
Prosecution can initiate HOMICIDE CASE EXCEPTION(rebutting self-defense claim in homicide case):
In homicide cases, in which the defendant pleads self-defense, evidence of ANY kind (not just character evidence) that the victim was the first aggressor (for example, eyewitness testimony that the victim struck first) opens the door to evidence that the victim had a good character for peacefulness. The prosecution in this rare instance can introduce evidence regardless of whether the defendant has introduced character evidence of the victim’s generally violent propensity.
What is the only situation where evidence of a defendant’s specific acts is admissable to show their propensity to commit the act at issue:
Evidence of a defendant’s other acts of sexual assault or child molestation is admissible in a criminal or a civil case where the defendant is accused of committing an act of sexual assault or child molestation. The party seeking to introduce this evidence must disclose it to the defendant 15 days before trial (or at a later date with good cause).
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. What are the exceptions in criminal cases and civil cases.
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.
Also, specific instances of sexual behavior between the victim and the defendant areadmissible
by the prosecution for any reason and
by the defense to prove consent.
Civil case:
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 of unfair prejudice to any party. REVERSAL OF NORMAL RULE 403.
