Character Evidence

Question 1

Character Evidence

Answer 1

Evidence that refers to a person’s general disposition for a certain trait

• honest or dishonest
• peaceful or violent
• careful or careless

Question 2

Propensity Evidence of Character Evidence

Answer 2

1. person acted in conformity with trait (more likely to act in a certain way because they behave a certain way)
2. person’s character is in issue (character is a material element)
3. impeachment
   - presented solely for purpose of attacking credibility
   - truthfulness is the only relevant character trait

Question 3

Methods for Proving Character

Answer 3

1. reputation
   - general reputation in community for particular trait
2. opinion
   - they know the person - in their opinion, that person has a good or bad character trait
3. specific acts (person’s good or bad deeds)

These are treated equally => they go hand in hand

Question 4

Criminal Cases

Answer 4

1. conduct in conformity (not allowed because it’s too consuming, prejudicial, not probative enough)
2. specific performance
   - prosecution cannot initiate character evidence
   - defendant can introduce evidence of own good character if relevant - ONLY reputation or opinion evidence, NO specific acts

Question 5

Criminal Cases: when a defendant opens the door

Answer 5

Prosecution can rebut:
1. reputation
2. opinion
3. specific acts

Same trait that defendant/defendant’s witness testified to

Question 6

Victim’s Character to Show Conduct in Conformity in Self-Defense Case

Answer 6

1. defendant must initiate
2. trait must be pertinent
3. prosecution can initiate rebuttal:
   - reputation and opinion evidence of peaceful character
   - evidence of defendant’s bad character for violence even if defendant didn’t introduce evidence of good character

Question 7

Civil Cases

Answer 7

Character evidence is not permitted to prove conduct in conformity in civil cases

1. defamation = truth is a defense to defamation
   - necessary to establish the truth defense
   - relevant to amount of damages
2. negligent entrustment, retention, and hiring
   - character of person who was entrusted, retained, or hired
3. child custody
   - parent’s character

Question 8

Habit

Answer 8

A person’s regular response to a specific set of circumstances
- person acted the same way
- response to a particular circumstance
- frequency of conduct = regular and repetitive (always automatically, invariably)