Character Evidence

Question 1

What is the general rule for Character Evidence?

Answer 1

evidence of a person’s character or character trait,

is inadmissible to prove

that on a particular occasion

he acted in accordance with that character or trait

Question 2

Exception to 404(a)

When is character evidence admissable?

Answer 2

Where character is an essential element of cause of action, claim, or defense

Question 3

Forms of character evidence that may be admitted

Answer 3

If ∆ opens the door and presents testimony of victim’s character traits

• Reputation
• Opinion

For purposes other than to show conduct in conformity with one’s character:

• Reputation
• Opinion
• Specific Acts

Question 4

Specific casues of action where character is an issue

Answer 4

• Defamation (plaintiff’s character)
• Child custody (parent’s character)
• Negligent entrustment (entrustee’s character)
• Negligent hirirng (employee’s character)

Question 5

Character and criminal cases

Answer 5

Prosection MAY NOT initially introduce evdience of ∆ bad character

∆ may open the door with reputation or opinion evidence of his good character and prosecution may rebut

Question 6

When is character evidence admissable?

Answer 6

other than to show conduct in conformity (M.I.M.I.C.)

Question 7

MIMIC KOP Rule 404(b)

Answer 7

Evidence of character may be admissible when offered for a purpose other than to show conduct in conformity with one’s character = M.I.M.I.C

• Motive
• Intent
• (absence of) Mistake
• Identity
• Common plan or scheme

Other acceptable evidence:

• Knowledge
• Opportunity
• Preparation

Question 8

When can the accused introduce evidence of a victim’s character?

Answer 8

When the asserted defense makes it relevant

(through opinion & reputation testimony)

Question 9

Methods of proving character?

Answer 9

1. Reputation testimony
2. Opinion testimony