Character Evidence

Question 1

General

Answer 1

not admissible to prove conduct in conformity.

o Propensity purposes

Question 2

Defendant character in civil cases

Answer 2

Inadmissible to prove conforming conduct
Acted in accordance with the alleged character trait
Admissible if character is an essential element of a claim or defense
When character is “at issue” in the case (defamation, negligent entrustment, child custody, negligent hiring)

Question 3

Defendant Character in Criminal Cases

Answer 3

The prosecution cannot introduce evidence of a defendant’s bad character to prove that the defendant has a propensity to have committed the crime in question

The defendant may present good character evidence that is inconsistent with the type of crime that is being charged.
Must be pertinent to the crime charged

Question 4

Type of Character ev. in Criminal cases against D.

Answer 4

Must be through reputation in the community or opinion testimony

The prosecution may introduce negative character evidence to rebut the defendant’s evidence, i.e. after the defendant “opens the door.” Impeachment- must relate to same trait.

Question 5

Evidence of Victim Character

Answer 5

A criminal D may intro. evidence of the victim’s character that is relevant to one of the D asserted.

Sex crimes-limited

•Form -Defendant can use opinion or reputation evidence

Question 6

Prosecution ability to introduce victims character

Answer 6

prosecution can offer good character evidence only after the defendant has attacked the victim’s character.
Note 7: In a homicide case, the prosecution may offer evidence of the victim’s peacefulness to rebut that the victim was the first aggressor.

Question 7

Prior bad acts generally

Answer 7

Prior acts are not admissible to show propensity

BUT for Motive, Intent, Absence of Mistake, Identity, Common Plan

Question 8

Prior bad acts civil cases

Answer 8

when character evidence is admissible (an element of a claim or D), it may be proved by:
•Reputation
•Opinion or
•Specific instances of conduct

Question 9

Prior bad acts in criminal cases

Answer 9

when character evidence is admissible (“opened the door”), it may be proved by:
•Reputation or
•Opinion
 Specific instances of conduct are not admissible
•Exceptions
oPros. may use character evidence to prove something other than propensity - MIMIC
-> can also be used to cross examine a character witness

Question 10

Habit and Routine

Answer 10

Habit refers to the act of a person
•Routine practice refers to the acts of an organization
•Evidence of a person’s habit or the routine practice of an organization is
admissible to prove conduct in conformity on a particular occasion (propensity).
•May be admitted without corroboration or an eyewitness
Exam Tip 1: Habit is more specific than character evidence. On the MBE, words like “always” or “every time” generally refer to habit whereas words like “often” or “frequently” are more likely to imply character evidence.