Character Evidence

Question 1

Reputation-Character Evidence

Answer 1

Testimony regarding one’s reputation in the community.

Question 2

Opinion-Character

Answer 2

Testimony regarding the witness’s opinion of the person.

Question 3

Specific Acts-Character

Answer 3

Specific acts engaged in by the person, which are presented in court.

Question 4

Character-Civil cases general rule

Answer 4

Character evidence is generally not admissible to prove conduct in conformity with that character trait on a particular occasion.

Question 5

Character civil cases exception

Answer 5

Character evidence is admissible where character “at issue” and is an essential element of the case.

Question 6

Character civil case FRE exception

Answer 6

Cases based on sexual assault or child molestation . ( CEC has no such exception .)

Question 7

Rape shield generally (Character)

Answer 7

Rape and sexual assault cases have special rules, known as “rape shield” provisions, which generally disallow evidence of a rape or sexual assault victim’s past sexual conduct.

Question 8

Rape shield character evidence FRE

Answer 8

Reputation, opinion, and specific acts evidence are only admissible if the probative value substantially outweighs the danger of unfair prejudice . Plaintiff must put her reputation in issue for reputation evidence to be admitted. (A higher standard than typical balancing test.)

Question 9

Rape shield character evidence CEC

Answer 9

Defendant cannot offer evidence of plaintiff’s prior sexual conduct unless to prove prior sexual conduct with the defendant.

Question 10

Form of evidence for character evidence

Answer 10

All three forms of evidence (reputation, opinion, and specific acts) are generally allowed.

Question 11

Criminal court character evidence

Answer 11

Where allowable, the character trait must always be pertinent to the case, but the rules for admission differ depending on whose character it is.

Question 12

Defendant’s character general rule

Answer 12

Only the defendant can “open the door” to evidence of a pertinent character trait, but once opened, the prosecution can rebut.

Question 13

Form of character evidence for crim D

Answer 13

There are three methods of proving character:

1. Reputation
2. Opinion
3. Specific Acts

Question 14

Exceptions to general rule for crim d character

Answer 14

a. FRE and CEC: Prosecution can be the first to offer character “propensity” evidence in sexual assault or child molestation cases.
b. FRE only: Where the defendant offers evidence of the victim’s character, prosecution can offer evidence that the defendant has the same character trait.
c. CEC only: Where the defendant offers evidence of the victim’s violent character, prosecution can offer evidence that the defendant has violent character. (Note: CEC rule is narrower than FRE counterpart.)
d. CEC only: In prosecution for domestic violence or elder abuse, prosecution may offer evidence that the defendant committed other acts of domestic violence or elder abuse.

Question 15

Credibility

Answer 15

A defendant testifying on the stand only puts his credibility at issue, but not necessarily his general character.

Question 16

Victim’s character general rule

Answer 16

Only the defendant can “open the door” to evidence of a victim’s pertinent character trait, but once opened, the prosecution can rebut.

Question 17

Victims character FRE Exception

Answer 17

FRE- only exception: If defendant claims or offers evidence that the victim was the first aggressor , the prosecution may offer evidence of the victim’s character for peacefulness .

Question 18

Rape Victim Special Rules

Answer 18

Rape and sexual assault case special rules: “Rape shield” provisions generally disallow evidence of a rape or sexual assault victim’s past sexual conduct (subject to the form of evidence rules that follow).

Question 19

Form of evidence for victims character

Answer 19

depends on whose character trait it is and if it is raised during direct or cross examination.

Question 20

Victim character evidence- Ds character

Answer 20

1. Direct examination: No specific acts are allowed to show character, only reputation and opinion evidence.
2. Cross examination (to rebut character evidence)
   a. FRE: All three forms of evidence are allowed. But, while specific acts may be asked about, extrinsic evidence regarding the specific act is not allowed, so the prosecutor is stuck with the witness’s answer.
   b. CEC: No specific acts evidence is allowed to show the defendant’s character (subject to Prop. 8).

Question 21

Victim’s character

Answer 21

1. Direct examination a. FRE: Only reputation and opinion evidence are allowed to show character; no specific acts evidence is allowed. b. CEC: All three forms of evidence are allowed (reputation, opinion, and specific acts).
2. Cross examination (to rebut character evidence): All three forms of evidence (reputation, opinion, and specific acts) are allowed (FRE and CEC).
3. FRE- only exception: If the defendant claims or offers evidence that the victim was the first aggressor , the prosecution may offer evidence of the victim’s character for peacefulness only by reputation and opinion evidence.

Question 22

Victims character rape special rules

Answer 22

Rape and sexual assault case special rules: “Rape shield” provisions generally disallow evidence of a rape or sexual assault victim’s past sexual conduct.

a. Reputation and opinion evidence are always inadmissible.
b. Specific acts are only admissible to prove i. Third party is the source of semen or injury to the victim; or ii. Prior acts of consensual intercourse with the defendant ; or iii. Constitutionally required.
c. CEC only: Defendant can offer victim’s prior sexual conduct to show he reasonably believed she consented , but not to show that she did consent.

Question 23

“Other purpose” evidence allowed-IPIKAMOP

Answer 23

Evidence of other crimes, wrongs, or specific bad acts are not admissible to show conduct in conformity , but may be used to show proof of some other relevant factor such as:

1. I ntent to commit the act.
2. P reparation to commit the act.
3. I dentity of the perpetrator, including M.O. (modus operandi).
4. K nowledge of some fact or event.
5. A bsence of mistake or accident.
6. M otive to commit the crime.
7. O pportunity to commit the act.
8. P lan or scheme.