Character Evidence

Question 1

When can you use evidence of crime involving dishonesty

Answer 1

Any crime involving dishonesty or a false statement, whether a felony or a misdemeanor, may be used to impeach if it is less than 10 years old.

Question 2

when can you use crimes not involving dishonesty

Answer 2

Any crime not involving dishonesty that is less than 10 years old may be used for impeachment only if the crime is a felony.

Remember, even if the crime is over 11 years old (more than) and it is similar crime to what is being charged, remember that it might not come in because of its substantial prejudicial effect.

Question 3

is evidence of a victim’s other sexual behavior and her sexual predisposition admissible?

Answer 3

NO!!!
• Victim’s past sexual behavior in general cannot be used to prove consent; BUT only the victim’s past behavior with the defendant is relevant.

Question 4

When Can you use a victim’s sexual behavior or predisposition?

Answer 4

IF:
1. to prove an alternate source of semen or injury;

2. when the constitutional rights of the defendant require admission of the evidence;
3. in civil cases, when the probative value substantially outweighs danger of harm to the victim; and
4. in civil cases, when the victim herself has placed her reputation in controversy.

Question 5

When can you use evidence of juvenile

Answer 5

Evidence of juvenile adjudications is not admissible in civil cases. The court may occasionally permit evidence of a juvenile adjudication of a witness other than the accused under certain circumstances, but only in a criminal trial.

Question 6

how can character evidence be used?

Answer 6

The defendant can offer reputation or opinion testimony by another witness to prove character, but not evidence of a specific act unless character is an essential element of a crime or defense

Question 7

MIMIC - Exception

Answer 7

Motive, Intent, absence of Mistake, Identity, or Common plan

Question 8

When is exstric evidence allowed?

Answer 8

extrinsic evidence of specific conduct can be admissible to impeach the witness on other grounds, such as bias

HOWEVER
A prior bad act, if used to impeach the credibility of a testifying witness, may not be proved by the introduction of extrinsic evidence. The adverse party may cross-examine the witness about the prior bad act, but must take his answer as he gives it.