Character Evidence Flashcards
Character evidence is allowed in a civil case if
1) Sexual assault or child molestation cases [then defendant’s past acts or sexual assault or child molestation is admissible
2) Character is in issue (defamation)
Character evidence is allowed in a criminal case if
1) Rape or child molestation cases [then ∆ past acts of rape or child molestation are admissible as evidence]
2) When the defendant “opens the door” to either his character or the victim’s character.
Once defendant opens the door to character evidence, the type of character evidence allowed in direct examination is
Opinion or reputation evidence but NOT specific acts
Once defendant opens the door to character evidence, the type of character evidence allowed in cross examination is
Evidence through opinion, reputation or specific instances
(however extrinsic evidence of the misconduct is not allowed [b/c that will be a direct examination and specific instances are not allowed on direct.])
When the defendant opens the door to the victim’s bad character for a pertinent trait, the prosecution can counter by:
Showing reputation or opinion evidence of
1) the victim’s good character for the same trait -OR-
2) the defendant’s bad character for the same trait.
(i.e. if the defendant shows that the victim has a reputation for violence, the prosecution can then show that the defendant is also prone to violence.)
In a criminal case the Rape Shield statute does not allow:
Opinion or Reputation testimony about the victim’s conduct
In a criminal case, an exception to the Rape Shield Statute allows:
evidence of specific instance showing that:
1) the semen or injury was caused by a third party or
2) The victim consented to sex with the defendant
In a Civil case, the Rape Shield Statute is allowed when
The probative value substantially exceeds the prejudicial value, and for reputation evidence, when the victim puts her reputation at issue.
A prosecutor does not have to wait for the defendant to open the door to the victim’s character before the prosecution can offer reputation or opinion evidence of the victim’s trait for peacefulness is when:
In a homicide case, the defendant claims self defense and states that the victim attacked him first.
(NOTE: this is only for homicide case. If the question stem states that the defendant uses the defense of self-defense in an assault case, this does not allow the prosecution the ability to provide evidence of victim’s peacefulness. The prosecution must wait until the defendant provides evidence of the victim’s reputation for violence.)
Specific instances of past bad conduct (character evidence) is allowed as circumstantial evidence to link defendant’s conduct in the crime. Name the 5 circumstances when this comes up most often:
MIMIC- Motive Identity Memory (absence of) Intent Common plan or scheme
The defendant is the vice president of the bank, and is accused of arson for setting the bank on fire. The prosecution provides evidence showing that, due to his gambling debts, defendant embezzled money from the bank.
Is this character evidence admissible? Why or why not?
Yes, the embezzlement evidence is admissible because It is circumstantial evidence showing that the defendant had MOTIVE to set the bank on fire because he feared that the bank will discover that the cash is missing.
The defendant is accused of murdering Lily, but claims it was an accident. The prosecution offers evidence that the defendant had once beat Lily up, and then another time, approached Lily with a knife threatening to kill her if she kept stalking Brandon.
Is this character evidence admissible? Why or why not?
Yes it is.
It is circumstantial evidence showing intent or an absence of mistake.
The defendant is accused of robbing a bank. The robber’s getaway car was an ice-cream truck. The prosecution provided evidence that the week before the robbery, the defendant had stolen an ice-cream truck.
Is the theft of the ice cream truck admissible evidence?
Yes. It shows a common plan/scheme.
If character evidence is allowed, what type of extrinsic evidence is allowed? What type of extrinsic evidence is NOT allowed?
Extrinsic evidence is allowed on direct examination to show reputation/opinion evidence (If ∆ offers character evidence OR by prosecution if ∆ opens the door.)
Extrinsic evidence is NOT allowed to show specific bad acts. Specific bad acts is only used during cross examination of the other party’s character witness to impeach the witness (to show that the witness doesn’t really know the ∆ or victim’s character.)
