Character Evidence

Question 1

Rule 405: Methods of Proving Character

Opinion Evidence

Answer 1

Personal Opinion about character

Foundation: Familiarity w/ accused or victim is determinative (not knowledge of person’s reputation)

Question 2

Rule 405: Methods of Proving Character

Reputation Evidence

Answer 2

Foundational Requirements:

1) Must establish Witness’s qualifications to testify about a persons reputation in the community
2) Individuals associations - quality and quantity- allow him to be observed by a sufficient number of people to give reasonable assurance of reliability.
3) Character at time of the offense.

Question 3

Rule 404(B): Crimes Wrongs and other acts
Prohibited Uses

Answer 3

1) NOT ADMISSIBLE TO PROVE CHARACTER TO SHOW

- “That on a particular occasion the person acted in accordance with that character.”

Question 4

Character Evidence

“Character as Proof of Conduct”

Answer 4

Generally Inadmissible:

Question 5

Rape Shield Law FRE 412

Victims Sexual Behavior / Predisposition

Answer 5

Prohibited (Civil / Criminal Cases) If offered to prove:
1) Victim Engaged in other Sexual Behavior
2) Victim’s Sexual Behavior
Exception:
1) Specific Instances Offered to Prove Alternative Source of Semen, Injury, Physical evidence.
2) Specific Sexual encounters w/ accused to prove consent (or if offered by prosecutor), and
3) Exclusion would violate constitutional rights.

Question 6

Pertinent Trait

Answer 6

Character Trait must be RELEVANT:

Rebuttal evidence must be relevant to character evidence presented. (Honesty / Dishonesty)

Question 7

Rule 404a Character Evidence

Exceptions

Answer 7

Propensity evidence = INADMISSIBLE, but
Exceptions Include:
1) Defendant may offer evidence of Defendants Character Trait.
2) Defendant may offer evidence of Victims Character (Criminal)
3) MURDER CASE - Prosecutor may offer evidence of victims peacefulness to rebut evidence victim was the aggressor.

Question 8

RULE 406: ROUTINE PRACTICE / HABIT

ADMISSIBLE TO PROVE

Answer 8

- On a particular occasion a person or organization: 
ACTED IN ACCORDANCE WITH THE HABIT. 
- Habit must be:
1) Virtually Automatic 
2) Repeated many times in the past.

Question 9

RULE 404(B)2 Crimes Wrongs other Acts
Permitted Uses

Answer 9

1) Motive
2) Opportunity
3) Intent
4) Plan
5) Preparation
6) Knowlege
7) Identity
8) Absence of mistake.
- Must give notice and DO SO BEFORE TRIAL.

Question 10

Essential Element Rule 405

Answer 10

If Character is an Essential Element of a charge crime or defense it may be proved by Specific Instances / Acts, opinion or reputation.

• Negligent entrustment = Negligence is a character trait
• Defamation = D claims truth (Truthfullness of D = Character).

Question 11

Rule 405: Methods for Proving Character

Specific Instances

Answer 11

Prohibited Under Rule 405a
- Time Consuming, Distracting to the Jury
Exceptions:
1) Cross Examination of a Character Witness.
2) 405(B): Permits reputation, opinion, and specific intances of conduct to prove character when character is “in issue.”
(essential Element)