Character Evidence Flashcards
Character Evidence definition
- a persons general propensity or disposition
- Ex: character traits of honesty, dishonesty, peacefulness or violence
Character evidence rule
- NOT ADMISSIBILE to prove conforming conduct
- Its not that the evidence is irrelevant, but that its unfairly prejudicial
Purposes of Character Evidence
- Character is directly in issue/essential element of claim-
- rare.
- As circumstantial evidence- character in conformity.
- Character of testifying witness—character for truthfulness/untruthful offered to impeach or rehabilitate a witness
Methods of Proving Character
- A persons reputation in the community
- E.g. D can put witness to testify to Ps reputation for dishonesty.
- Opinion testimony.
- Character testifies that in her opinion, P is dishonest.
- Specific acts relevant to the character trait.
- May involve criminal or non-criminal acts, and no conviction, arrest, or charges are required.
- Typcally not admissibile.
VA Methods of Proving Character distinction
In VA, a character witness may not provide opinion testimony.
Character Evidence in Criminal Cases
General Rule and Exceptions
- Evidence of Ds character generally not admissibile to prove conforming conduct.
- Exceptions:
- D introduces evidence of his own pertinent character trait
- P can then present rebuttal evidence for the same pertinent character trait
- (called the mercy rule)
Character Evidence in Criminal Cases
Form of Character Evidence
- When character evidence is admissibile to show propensity the only proper methods are reputation or opinion.
- No specific acts!.
- The character evidence must be as to a pertinent trait. Pertinent to the litigation
Character Evidence as an Essential Element in a Criminal Charge
- Character is never an essential element of a criminal charge.
- But D or D witness can put on character evidence.
- But cannot show specific acts or character traits irrelevant to murder charge—e.g. honesty/bravery not relevant
Character Evidence in Criminal Cases
2 ways prosecution can rebut
- Call witnesses to testify to Ds relevant bad character.
- Form: reputation or opinion.
- Cross-examining Ds character witnesses by questioning their knowledge of specific acts the D has engaged in that are relevant to the character trait in issue.
- Can be specific acts.
- E.g. character witness says D is peaceful. P can ask whether wit knows D beats his wife.
- Good faith requirement:
- P cannot prove act but must have good faith belief that the act occurred.
- So, if P asks about specific act and wit says they didnt know, P cannot intro evidence proving act
- Can be specific acts.
Victims Character in Self-Defense Cases
- D may offer evidence of the victims violent character to prove victim was initial aggressor
- No specific acts
- Prosecutor may rebut thru:
- Evidence of the victims good character for the pertinent trait
- Evidence of Ds character for that same trait.
- No specific acts
Victims Character in Self-Defense Cases
Special Homicide Rule
- If D introduces evidence that victim started fight in homicide case, P can counter with character evidence about the victim.
- No need to have D put on character evidence of victim
Special Rule for Ds knowledge of victims character for violence
- D may show evidence of his own knowledge of vics character for violence for purpose of showing his state of mind at the time of the death
- Shows Ds belief, not vics propensity
- Because this isnt propensity evidence, can use any form incl. specific acts
Victims Character in Self-Defense Cases
VA Rule
- In Virginia, when a defendant is claiming self-defense, she may introduce reputation testimony or specific acts evidence of the victims character for violence.
- Once the D introduces evidence of the victims violent character, the prosecution may only rebut with the victims good reputation for peacefulness.
- (Under the FRE, prosecution may also rebut with the Ds bad character for violence)
Character Evidence in Civil Cases Rule
- Character evidence is generally inadmissible to prove conforming conduct (propensity) in civil cases.
- P cannot offer character evidence to show Ds propensity to do something, and D cannot offer character evidence to show his tendencies not to do that thing.
Character Evidence in Civil Cases Exception
- Character evidence admissible in civil cases where character is an essential element of a claim or defense.
- This applies only in very limited situations.
- Defamation.
- Negligent entrustment/hiring.
- Child custody
Character Evidence in Civil Cases Exception-
Forms of Evidence Used
- In these limited situations, you can use any form, incl. specific acts.
- P can offer evidence in neg hiring case that D driver was in 2 other accidents in the past 6 months.
- D can show in defamation cases thru character evidence of any kind to show their allegation was true
Other Crimes Evidence for Non-Character Purposes Rule
Ds other crimes or specific bad acts inadmissible during prosecutions case in chief if the only purpose is to prove propensity
Other Crimes Evidence for Non-Character Purposes
Exception
- If offered for some purpose other than propensity.
- Can be offered by in either civil or criminal cases.
- Can be offered by either side.
- Typically used by criminal prosecution against a D
Other Crimes Evidence for Non-Character Purposes
Most Common Purposes
OKIAPIMP
O-opportunity
K-knowledge
I-intent
A- absence of mistake or accident
P-preperation I
-Identity (MO)
M-Motive
P-Plan
Other Crimes Evidence for Non-Character Purposes
Procedural Effect on Case
- If satisfied, prosecution can use other crimes evidence as part of its case in chief, no need for D to introduce character evidence.
- E.g. Ds past judge dies 10 days after D gets out of jail. Admissible to show motive.
- D on trial for poss w/ intent. P can show prev poss w/ intent convictions to show he had intent to deal.
Other Crimes Evidence for Non-Character Purposes
MO Evidence
(Second I in OKIAPIMP)
- Only evidence to prove Ds MO if its unique and associated with the accused
- E.g. signature. Cant just be a ski mask in a bank robbery.
How to prove OKIAPIMP evidence
- Former convictions
- By evidence that tends to show the act occurred
- burden of proof
- Prosecution must product sufficient evidence for a reasonable jury to conclude that D committed prior act by prep of the evidence
Other Crimes Evidence
Scope of Evidence that can be used
Does not require conviction or even arrests, includes non-criminal acts or wrongs, if relevant
Other Crimes Evidence Pragmatic Considerations
Pragmatic considerations—danger of unfair prejudice to the defendant
Other Crimes Evidence Limiting Instruction
court must instruct jury about limited prupose of the evidence
Other Crimes Evidence
Pretrial Notice
upon request of defendant, the prosecution must give pretrial notice of intent to introduce other crimes evidence.
Other Crimes Evidence and Double Jeopardy
- Double jeopardy does not apply if D prev. acquitted.
- P can still offer evidence under other acts rule
When Specific Acts Can Be Used
- To cross-examine Ds character witnesses when relevant to character trait in issue (good faith requirement).
- To prove Ds knowledge of vics violent character to show state of mind at time of death.
- In civil cases where other crimes evidence is admissible
Other Acts Evidence in VA
- In Virginia, other-acts evidence is admissible to prove motive, intent, etc., if the court finds that its probative value outweighs its incidental prejudice.
- This balancing test favors exclusion as compared to federal prejudice rule.
