Character Evidence Flashcards
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Character evidence
like hearsay, you cannot make the imperissible propensity inference
bc the defenant has this trait, he acted in accordance with this trait on this particular occassion.
Character evidence is admissible if it is an element of the offense (defamation, fraud, etc.), character is said to be in issue in a civil case then.
In a criminal case, it gets more complex
Character evidence: criminal case
Defendant must first initiate, he must put his character in issue by taking the stand and talking about aspects of his character to suggest his innocence
A defendant may offer evidence of the defendant’s pertinent trait and if admitted the prosecutor may offer evidence to rebut it
Subject to secual assualt/molestation rules, a defendant may offer eivdence of an alleged victim’s pertnient trait and if admitted, the proseuctor may rebut the evidence offered against the victim and offer evidence of the defendant’s same trait
in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that thte victim was the first aggressor
Character evidence: workaround
Can use character evidence for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident
must be more probative than prejudicial.
if one of these purposes is explicitly contested, tend toward admissibility
if prior bad act is especially heinous, tends toward inadmissibility
if prior bad act is similar to current charge, tends toward admissibility
if prior bad act is uncharged, it is admissible if a reasonable jury could find it occurred, no need 104a preponderance.
Character evidence: methods or proving character
when evidence of character is admissible [but still no propensity inference], it may be proved by testimony about the person’s reputation or by opinion testimony. on the cross of the character witness, the court ay allow an inquiry into relevant specific instances of the person’s conduct.
a. fear that the evidence is too good and will unduly prejudice the party
b. need to ask in good faith
When character is an element of the offense, the character or trait may also be proved by relevant specific instances of the person’s conduct
Thus testimony of specific instances are not generally permissible on direct
Character evidence: habit
evidence of a person’s habit or an organization’s routine may be admitted to prove the propensity inference
habit= semi automatic, more physiological, non volitional
drunkenness usually not admitted in accident cases, neither are past assualts
4 prior public intoxications over 3 years is not enough
regular practice of carrying a cooler, drinking on the job, drinking every morning, being fired in the past for drinking is enough
Character evidence: sexual assualt/ child molestation
courts typically take a harsh stand against defendant here
evidence offered to prove that a victim engaged in other sexual behavior or evidence offered to prove a victim’s sexual predisposition is not admissible
EXCEPTIONS [court ussually finds scapegoat through relevancy and or prejudice]
in criminal cases the court may admit specific instances of a victim’s sexual behavior if offered to prove that someone other than the defendant was the source of semen/ injury
evidence of specific instances of a victim’s sexual behabior with the person accused if offered by the defendant to prove consent
evidence whose exclusion would violate the defendant’s constitutional rights
a. excluding a defendant from cross examining a witness is typically beyond reason even if prejudicial; specualtion as to the effect of the jurors’ racial biases cannot justify the exclusion of cross ex with such strong potential to demonstrate the falsity of the victim’s testimony
in civil cases, the probabtive calue must substantilly outweigh the danger of harm to any ictim and of unfair prejudice to ANY party
Rationales
privacy, potential embarassment and sexual stereotyping, reduce harrasment/ encourage reporting
Character evidence: sexual assualt
R413-415 require admission of a defendant’s past sexual offenses as relevant to the question of the defendant’s sexual conduct on a specific occassion. Propensity inference allowed.
