Character Evidence

Question 1

Character E - Content

Answer 1

To show person’s natural tendencies and general reputation

• aka “propensity E”

Question 2

Character E - Analysis approach (4 steps)

Answer 2

1. Gral rule of inadmissibility
2. Exceptions for civil and criminal cases (FRE 404)
3. Determination of methods to prove character (FRE 405)
4. Specific rules for victims sexual history, prior crimes, wrongs and other acts (misdememanors)

Question 3

Character E - Gral Rule

Answer 3

NOT ADMISSIBLE as E for purpose of proving actions in accordance with person’s character. (“to prove conformity within”)

• BUT with various exceptions

Question 4

Character E - Exceptions to gral rule of inadmissibility (2) (gral structure)

Answer 4

1. Civil proceeding:
   
   1. character at issue
   2. character not at issue
2. Criminal proceeding: ask who offered the E
   
   1. Character of accused
   2. Character of victim
   3. Character of witness

Question 5

Character E - Exceptions to gral rule of inadmissibility - Civil Cases (2)

Answer 5

1. Character at issue: Admissible - i.e. truthness on slandel/libel, parental fitness in custody
2. Character not at issue:

• Admissible: Only for W impeachment
• Not admissible for other purposes -i.e. to prove N

Question 6

Character E - Exceptions to gral rule of inadmissibility - Criminal Cases / Character of Accused (2) - Who offers?

Answer 6

1. By Accussed: ADM if relevant to dispte charges against him.
2. By Prosecutor: ADM if used to:

• Rebutt accused E for character of tis own (D “open the door”)
• When accused offered character triat E on victim, prosecutor can do the same with accused

Question 7

Character E - Exceptions to gral rule of inadmissibility - Criminal Cases / Character of Victim (2)

Answer 7

1. E offered by accused: very rare; only when relevant - opens the door for prosecutor to do the same with accused
2. “Peaceful trait” of victim in homicide case where self defense is at issue with claim that victim attacked first

Question 8

Character E - Exceptions to gral rule of inadmissibility - Criminal Cases / Character of Witness

Answer 8

Impeachment of W is permitted purpose for both accused and prosecutor to present character E

Question 9

Character E - Exceptions to gral rule of inadmissibility - Prior Crimes and other wrongs Rule - Gral Rule

Answer 9

INADMISSIBLE

• Prohbition to use E of either prior misbeahviour or good behaviour to show propensity to certain conduct
• For both civil and criminal cases

Question 10

Character E - Exceptions to gral rule of inadmissibility - Prior Crimes and other wrongs Rule - EXCEPTIONS

Answer 10

Makes character E admissible when:

1. Sexual assault cases
2. Other purposes: As long as prosecution gives proper notice of intent to do so
   
   • i.e. to show modus operandi, opportunity, intent, preparation, plan, knowledge, identity, etc.
   • i.e. X is charged with 1 of mx crimes. The other crimes are inadmissible to show cirminal tendency, but can be admissible to show larger criminal power

Question 11

Character E - Exceptions to gral rule of inadmissibility - Victim’s Sexual History - Gral Rule

Answer 11

INADMISSIBLE to show other sexual behaviour or sexual predisposition

• for civil/criminal

Question 12

Character E - Exceptions to gral rule of inadmissibility - Victim’s Sexual History - Exceptions for civil (2) and criminal (3) + other (2)

Answer 12

1. Civil: gral rules
   
   1. Balance test: PM outweights MUUC
   2. Victim puts reputation at issue
2. Criminal:
   
   1. As proof of physical E: to show accused was not source of semen, injury, or other physical E
   2. As proof of victims consent: in relation to past sexual behaviour w/accused to prove consent
   3. To protect violation of CX rights of accused
3. For cases of sexual assault or child molestation as E of past conduct (15 day prior notice to accused required)

Question 13

Character E - Exceptions to gral rule of inadmissibility - Victim’s Sexual History - Procedure

Answer 13

• Offering party file motion to be heard in court at least 14 days before trial
• E heard “in camera”
• Notice w/specific descriptionof E to all parties
• All records and related papers sealed unless court orders otherwise

Question 14

Character E - Methods to prove admissible character E (2) /depending if trait essential to charge, claim, defense

Answer 14

• Essential: E of specific conduct
• Not Essential:

1. E of Reputation of accused in neutral and gralized community (i.e. neighbours, co-workers). If on smaller/non neutral community (i.e. family) usually inadmissible
2. Opinion: E of testimony of person to its own and gralzied opinon on D’s character