CHARACTER EVIDENCE

Question 1

Character Evidence

INTRO

4 Question Approach

Answer 1

1. What is the purpose for which the character evidence is offerd? (3 Possibilities)
   a. offered to prove character because character is an issue in the case
   b. offered to prove character as circumstantial evidence of a person’s conduct on the occasion in question
   c. Offered to impeach or support the credibility of a witness
2. What method or technique is used to prove character?
   a. specific acts of conduct
   b. Opinion
   c. Reputation
3. Is it a civil or criminal case?
4. Does the evidence prove a *pertinent * character trait?

Question 2

Character Evidence in Civil Cases

Answer 2

Character evidence is inadmissible to prove conduct except where civil claim is based on sexual assualt or child molestation. In such a case, defenddant’s prior acts of sexual assault or child molestation are admissible to prove conduct in this case.

• Character evdience admissible where character in issue (Suit for defamation of character)

Question 3

Character Evidence in Criminal Case

Admissibility of Evidence of D’s Character to Prove Conduct

Answer 3

Is character evdience admissible to prove conduct of D? Of the victim? There are two doors to the admissibility of such evidence. Both are closed when the prosecution begins its case. Usually only the D can open these doors. Usualy they are opened separately.

-Admissibility of evdience of D’s character to prove conduct. Prosecution cannot be first to offer such evidence. The door is closed at the start of trial when the prosecution begins its case in chief

EXCEPTIONS:

1. In cases of sexual assault or child molestation, prosecution can be first to offer evdience that D committed other acts of sexual assault or child molestation,
2. Where court has admitted evdience of victim’s character offered by defendant, prosecution can be first to offer evidence that D has same character trait

Look for on BAR:

• Trial begins with the door closed
• Exception for sexual assault/child molestation
• Defense can open the door
• Prosecution then can offer pertinent character evidence to rebut because D opened the door
• Evidence must always concern a pertinent character trait
• Assuming the door is open, repuation and opinion evdience are admissible on direct examination by any party, but not specific instances evidence.
• On x-ex by any party, reputation, opinion, and specific instances are all admissible

Question 4

Character Evidence in Criminal Case

Admissibility of Evidence of Victim’s Character

Answer 4

Note: Most of the same rules apply

Prosecution cannot be first to offer character evidence to prove conduct: the trial begins w/ the door to the victim’s character closed. There are 2 ways D can open the door:

1. if D offers evdience of V’s character, prosecution may rebut
2. in a homicide case, if D offers evdience V attacked first, prosecution may offer evdience of V’s character for peacefulness

Note: On direct exam, repuation and opinion permitted but no specific instances. On cross, reputaiton, opinion and specific instances permitted.

• Trial begins with the door closed
• V attacked first exception
• D can open the door
• The doors usually open separately, but there is one exception
• Character rules apply only if evdience offered to prove character

Question 5

Character Evidence in Criminal Case

Rape Shield Statute

(Criminal and Civil)

Answer 5

There are special rules, in criminal and civil and civil cases involving rape or other sexual assault, limiting defense evidence of alleged V’s character when offered to prove consent.

Criminal Rules:

• Reputation and opinion evidence inadmissible
• Specific instances of alleged V’s conduct admissible only to prove:
  i. 3rd is source of semen or injury, or
  ii. prior acts of consensual intercourse between D and alleged V

Civil Rules:

-Reputation, opinion, and specific instances evidence is admissible if probative value substantially outweighs unfair prejudice and, in the case of reputation evidence, P put her reputation in issue.

Question 6

Character Evidence in Criminal Case

Specific Instances of D’s bad conduct

Answer 6

Specific Instances of D’s bad conduct may be admitted to prove anything other than character that is relevant.

MIMIC =

Motive,

Intent,

Mistake [absence of mistake],

Identity, (Similarity and Uniqueness required to prove ID)

Common Plan or scheme

Note: Discretion to exclude MIMIC evidence for unfair prejudice