Character Evidence Flashcards
What is Purpose of Offer of Character Evidence?
1) Character directly in issue. (Person’s character is a material element in the case.) SUBSTANTIVE
2) Character as circumstantial evidence of person=s conduct at time of litigated event. (Character evidence to prove conduct in conformity with character on occasion in issue.) SUBSTANTIVE
3) Character to impeach the credibility of a witness. (i.e., bad character for truthfulness to impeach the credibility of a witness who testifies at trial.) CREDIBILITY
b. What Method or Technique to Prove Character? PA DISTINCTION
c. Civil or Criminal Case?
d. What Trait of Character?
Possibilities ARE:
- Specific acts of conduct
- opinon of witness who knows person
- reputation in the community
b. Character can be proved through specifc acts or conduct, opinion, or reputation testimony.
c. Rules differ for Civil and Criminal Cases.
d. It must be the specific trait which is substantively at issue.
PA DISTINCTION: No Opinion Testimony
IN A CIVIL CASE, When offered as circumstantial evidence to infer conduct at the time of the litigated event? PA DISTINCTION
CHARACTER EVIDENCE IS NOT ADMISSIBLE
PA DISTINCTION: allowed in civil assault and battery cases
IN A CIVIL CASE, When the the character of a person (party) is itself a material issue in the case?
Character evidence in a CIVIL CASE is admissible when character is directly at issue (i.e. defamation case).
METHOD OF PROOF: If character is directly in issue and therefore admissible, it may be proved by any one of the specific techniques (specific acts, opinion, reputation).
Character Evidence in Criminal Cases: BASIC RULE 1
Bad character, whether in the form of specific acts of prior misconduct, prior crimes or convictions, bad opinion or bad reputation, is not admissible at the initiative of the prosecution if the sole purpose is to show criminal disposition in order to infer guilt from disposition;
UNLESS AND UNTIL: Character Evidence in Criminal Cases BASIC RULE 2
Character Evidence in Criminal Cases: BASIC RULE 2
The accused is permitted to offer evidence of good character for the pertinent trait in the form of reputation and opinion (NO PRIOR ACTS__) to show disposition in order to infer innocence. Only then may the prosecution respond by showing the bad character of the accused.
Character Evidence in Criminal Cases: BASIC RULE 3
PA DISTINCTION
After the accused offers evidence of good character, the prosecution may respond by inquiry on cross-examination of the accused’s good character witness about any specific acts which would tarnish the accused’s reputation or which would affect the opinion of the witness. (NO EXTRINSIC EVIDENCE OF DEFENDANT’S MISCONDUCT ALLOWED) HOWEVER, can attack credibility (imppeach) of the character witness himself by showing the witness’s own prior conviction for perjury or bad reputation for truthfulness.
PA DISTINCTION:
- Cannot ask “do you know” (because opinion is inadmissible).
- Can ask about prior convictions, but cannot ask about criminal act if defendant was not convicted
Character Evidence in Criminal Cases: BASIC RULE 4
After the accused offers evidence of good character the prosecution may also respond by calling prosecution witnesses to testify to bad opinions or bad reputation in regard to the character of the accused.
Victim Character - Self-Defense
PA DISTINCTION
The defendant may also take the initiative in homicide or assault cases, as part of a self-defense plea, to show the character of the victim as circumstantial evidence to infer that on the occasion in question the alleged victim was the first aggressor. Again, the permissible method of showing character would be by reputation or opinion. The prosecutor could then respond by showing good reputation or opinion concerning the victim or by showing the bad reputation or a bad opinion regarding the accused himself.
PA DISTINCTION:
- The accused can introduce evidence of specific instances of victim’s conduct, even if not known to the accused.
- Prosecution cannot respond with evidence of accused’s bad character for the same trait.
Victim Character - Sexual Miscondut Cases: CRIMINAL CASE
PA DISTINCTION
In a criminal case alleging sexual misconduct, defense evidence of the alleged victim’s sexual history or sexual predisposition to prove consent is limited as follows:
(a) No opinion or reputation;
(b) Specific instances of sexual behavior of the alleged victim are admissible only (i) if offered to prove that third party was source of semen, injury or other physical evidence, (ii) to show prior acts of consensual intercourse between alleged victim and the accused or (iii) if exclusion would violate constitutional rights of the accused.
*In addition, in order for the alleged victim’s sexual behavior to be admissible under these limited exceptions, the defense must give notice and an in camera hearing must be held.
PA DISTINCTION
- Criminal cases are governed by statute
- pretrial notice is not required
Vicrim Chacter - Sexual Misconduct Cases: CIVIL CASES
In civil cases alleging sexual misconduct, evidence of the sexual disposition or behavior of the alleged victim is admissible only if probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.
*In addition, in order for the alleged victim’s sexual behavior to be admissible under these limited exceptions, the defense must give notice and an in camera hearing must be held.
PA DISTINCTION: NO RULE FOR CIVIL CASES
Defendant’s Other Crimes Offered for a Non-character Purpose:
Prior crimes or prior acts of misconduct may be admitted at the initiative of the prosecution when the misconduct is relevant to prove a material fact other than character or disposition. (i.e., to prove some relevant issue separate and apart from bad character.)
Therefore, although prior accused misconduct is not admissible to show criminal disposition (unless the accused first offers good character evidence), it would be admissible if relevant to show MIMIC
- motive,
- opportunity,
- intent,
- preparation,
- plan,
- knowledge,
- identity,
- absence of mistake or
- lack of accident.
MIMIC RULE
- M - Motive
- I - Intent
- M - Mistake, absence of
- I - Identity, MODUS OPERANDI (signature Crimes)
- C - Common Plan or Scheme**
MIMIC RULE is subject to FRE 403, i.e., evidence relevant to show motive, intent, identity and common scheme may be excluded if the trial judge believes that probative value is substantially outweighed by the danger of unfair prejudice.
Cases Involving Sexual Assault and Child Molestation: CRIMINAL or CIVIL
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-Prior Similar Acts Allowed to Show Propensity
In civil or criminal cases charging Def. with sexual assault or child molestation, the Def.’s prior acts of sexual assault or child molestation may be shown by the prosecution or plaintiff.
PA DISTINCTION:
Pennsylvania has no rule allowing use of prior sexual conduct to prove propensity.
