Character Evidence Flashcards
When can character evidence be introduced?
for two purposes: 1) to prove character when it is the ultimate issue in the case; or 2) serve as circumstantial evidence of how a person probably acted.
What methods may be used in introducing character evidence?
evidence of specific acts; opinion testimony of a witness who knows the person; and testimony as to the defendant’s reputation in the community.
When is character evidence admissible in a civil case?
Only when the character of the person is directly in issue.
In a criminal trial, when can the defendant introduce evidence of their good character?
At any time in the trial.
What is triggered when a defendant introduces evidence of their good character?
The prosecution can respond with evidence of the defendant’s bad character.
How can a defendant in a criminal trial introduce evidence of his good character?
by opinion or reputation in the community.
How can the prosecution introduce evidence of the defendant’s bad character?
by 1) cross-examining the defendant’s good character witness by asking them if they know of a particular bad instance of the defendant’s conduct; or 2) by calling their own witness who will testify to the bad character of the defendant.
When can a defendant introduce reputation or opinion evidence of a bad character trait of the alleged victim of a crime?
When it is relevant to show the defendant’s innocence, and it is not a sexual assault case.
When is a victim’s character most relevant in a case?
When a defendant claims self-defense, i.e. argues that the victim was actually the first aggressor.
When the defendant introduces evidence of the victim’s bad character what kind of evidence can the prosecution counter with?
opinion or reputation evidence of 1) the victim’s good character for the sam trait; and 2) the defendant’s bad character for the same trait.
In a criminal case, when are specific instances of a victim’s sexual behavior admissible if introduced by the defendant?
1) when the evidence is introduced to prove someone else is the source of semen, injury or other physical evidence; and 2) to show consent.
In a criminal case, when are specific instances of a victim’s sexual behavior admissible if introduced by the prosecution?
for any purpose so long as the specific instances were between the victim and the accused.
In a civil case, when is evidence of the alleged victim’s sexual behavior admissible by either party?
only where its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party.
When can the prosecution introduce evidence of a victim’s good character for peacefulness?
in a homicide case where the defendant pleads self-defense and introduces evidence that the victim was the first aggressor. The defendant need not introduce evidence of the victim’s violent propensity.
May evidence of a person’s other crimes be introduced into evidence if offered solely to establish a criminal disposition or bad character?
No
