Character Evidence

Question 1

Character Evidence

Answer 1

Evidence of a person’s character is generally not admissible to prove that they acted in accordance with their character on a particular occasion.

When character evidence is admissible, it must be proven in the form of reputation or opinion evidence.

R/E: Inquiry into prior specific acts are generally not allowed for substantive character evidence, but they are allowed on cross examination for impeachment purposes.

Question 2

Non-Character Evidence

Answer 2

1) Past Act
2) Habit
3) Essential Element of the Crime

Question 3

PSA to Show Something Other Than Propensity Evidence (404b2)

Answer 3

When evidence is being offered to prove something other than character, then evidence may be admissible. Examples include motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident, then evidence may be admissible. Proponent must show ESSF that the person who did the PSA actually did commit the act. In criminal trials, prosecutors need to give reasonable notice in writing. Prepare for 403 objection!

Question 4

Habit Evidence

Answer 4

Evidence of a person’s habit or organization’s routine practice may be admitted to prove that on a particular occasion, the person or org acted in accordance with the habit or routine practice.

Question 5

Character Trait is Essential Element of Crime

Answer 5

Rarely, the character trait is an essential element of a charge, claim, or defense, and the relevant specific instances of that person’s conduct are admissible as non-character evidence. For example, in defamation or child support cases.

Question 6

Exceptions to Character Evidence

Answer 6

1) Mercy Rule

In criminal cases, a defendant may open the door and offer evidence of the defendant’s own pertinent trait, or the victim’s pertinent trait. D can only offer evidence of a trait that is pertinent to the crime they are being charged with.

Question 7

If D offers evidence of V’s Pertinent Trait

Answer 7

If D offers evidence of V’s pertinent trait and its admissible, then prosecutor can either (1) offer evidence to rebut it, but only if that evidence is about the same character trait that D brought up; (2) offer evidence that D himself has that character trait instead of V.

Question 8

if Homicide Case

Answer 8

If homicide case and D offers evidence of V’s violent character, then the Prosecutor can offer evidence of V’s trait of peacefulness to rebut evidence that V was the first aggressor.