Character Evidence

Question 1

Character Evidence (Definition)

Answer 1

The use of a trait to suggest that the trait makes it more likely that a party committed particular conduct at issue in the case.

Question 2

Character Evidence in Civil Cases

Answer 2

Inadmissible, except where:

(1) The character trait itself is at issue
(2) to the extent of prior acts of sexual assault
(3) CA allows evidence of domestic/child abuse

Question 3

Character Evidence in Criminal Cases

Answer 3

Admissible where:

(1) Character is at issue
(2) Under the Mercy Rule

Question 4

The Mercy Rule

Answer 4

Relevant character evidence must first be offered by the defendant, in the form of opinion or reputation, and then the prosecution can offer evidence of the defendant’s same bad character (CA and Federal).

In Federal cases, in a homicide prosecution where the claim is self-defense, the prosecution may be the first to introduce evidence of the victim’s peaceable character.

Question 5

Types of Character Evidence

Answer 5

(1) Specific conduct
(2) Opinion
(3) Reputation

Question 6

Permission of Evidence of Specific Acts

Answer 6

Evidence of specific acts is not permitted except on cross-examination to impeach a witness’ credibility.

Question 7

Victim Character Evidence in Federal Cases

Answer 7

(1) Opinion and reputation evidence is allowed
(2) If the defendant opened the door by introducing character evidence first
(3) the prosecution may rebut or offer evidence of the defendant’s same trait.

Question 8

Victim Character Evidence in California Cases

Answer 8

Defendant must introduce first but may introduce all three types of character evidence of the victim.

The prosecution is limited to just introducing all three types of the victim’s good character unless the character trait of the victim is for violence.

If the defendant introduced the victim’s character trait for violence, the prosecution may introduce all three types of character evidence showing the defendant has a violent character.