character evidence

Question 1

Character evidence

Answer 1

definition
purpose
in civil cases
in criminal cases

Question 2

Character evidence

definition

Answer 2

Character evidence refers to a person’s general propensity or disposition, e.g. honesty, fairness, peacefulness, or violence

Question 3

Character evidence

purpose

Answer 3

Potential purposes for admissibility of character evidence

1. Circumstantial evidence of the person’s conduct on a particular occasion.
2. Impeach credibility with witness’s bad character for truthfulness

Question 4

Character evidence

criminal cases

Answer 4

D’s character

Prosecution’s rebuttal

Question 5

Character evidence
criminal cases
D’s character

Answer 5

Evidence of D’s character to prove D’s conduct on a particular occasion is INADMISSIBLE DURING PROSECUTION’S CASE IN CHIEF.
However, D, during the defense, may introduce evidence of a relevant character trait by REPUTATION or OPINION testimony of a character witness to prove his conduct.

Question 6

Character evidence
criminal cases
D’s character
effect of D’s introduction of reputation or opinion testimony for character evidence

Answer 6

If D introduces evidence of a relevant character trait by REPUTATION or OPINION testimony of a character witness to prove his conduct, D opens the door to rebuttal by prosecution

Question 7

Character evidence
criminal cases
D’s character
Proper form of character evidence to prove conduct in conformity

Answer 7

Reputation (i.e. for peacefulness)

Opinion (i.e. He is a peaceful person)

Question 8

Character evidence
criminal cases
prosecution’s rebuttal

Answer 8

If D opened the door by calling character witnesses, prosecution may rebut by:

1. Cross-examining D’s character witnesses
2. Calling its own reputation or opinion witnesses

Question 9

Character evidence
criminal cases
prosecution’s rebuttal
Cross examining D’s character witnesses

Answer 9

Prosecution’s rebuttal may cross examine D’s character witnesses with “Have you heard?” or “Did you know” questions about specific acts of D that reflect adversely on the particular character trait that D introduced.
limited purpose: to impeach character witness’s knowledge about D’s character

Question 10

Character evidence
criminal cases
prosecution’s rebuttal
Calling prosecution’s own R or O witnesses

Answer 10

Prosecution’s rebuttal may call its own R or O witnesses to contradict D’s witnesses.

Question 11

Character evidence
civil cases
inadmissibility

Answer 11

Character evidence is generally INADMISSIBLE to prove a person’s conduct on a particular occasion.

Question 12

Character evidence
civil cases
limited admissibility

Answer 12

Evidence of a person’s character is ADMISSIBLE in a civil action where such character is an ESSENTIAL ELEMENT OF A CLAIM OR DEFENSE provable by reputation, opinion, and specific acts in ONLY 3 situations:

1. negligent entrustment
2. defamation (tort)
3. child custody