Character Evidence

Question 1

Character Evidence

Answer 1

Any evidence that refers to a person’s general propensity or disposition. Potential purposes for offering it include:

When a person’s character is a material element in the case.

To prove conduct in conformity with character at the time of the litigated event (aka as circumstantial evidence of conduct on a particular occasion).

Witness’ bad charact for truthfulness to impeach credibility.

Question 2

Defendant’s Character

Answer 2

Evidence of the defendant’s character to prove conduct in conformity is not admissible during the prosecution’s case in chief. However, the defendant may introduce character evidence (as to reputation or opinion but not as to specific acts), thereby opening the door for the prosecution to rebut.

The prosecution may rebut by cross-examining Defendant’s character witnesses about specific acts or by calling its own reputation or opinion witnesses to contradict the defendant’s witnesses.

Question 3

Victim’s Character in Self-Defense Cases

Answer 3

A criminal defendant may introduce evidence of the victim’s violent character (via reputation or opinion) to prove the victim’s conduct in conformity with that character (i.e. as circumstantial evidence that the victim was the initial aggressor).

The prosecutor may then rebut with opinion or reputation testimony regarding the victim’s good character for peacefulness and/or the defendant’s bad character for violence.

If at the time of the alleged self-defense, the defendant was aware of the victim’s violent reputation or specific acts of violence by the victim, such awareness may be proven to show the defendant’s state of mind.

Question 4

Character Evidence in Civil Cases

Answer 4

In civil cases, character evidence is generally inadmissible to show conduct in conformity unless the character is essential to a claim or defense (in which case the character is provable by reputation, opinion, or specific acts). Only a few situations apply:

Negligent Hiring or Entrustment
Defamation (libel or slander)
Child Custody

Question 5

Defendant’s Other Crimes or Acts for Non-Character Purpose

Answer 5

If defendant’s other crimes or bad acts show something specific about the crime charged, such evidence may be admissible as evidence bearing on guilt. Remember MIMIC for the most common non-character purposes.

Motive
Intent
Mistake or Accident (or absence thereof)
Identity
Common Scheme or Plan

Question 6

Method for Proving Independently Relevant Misconduct

Answer 6

By conviction
By other evidence that proves the crime or act occurred

The standard is conditional relevancy, meaning the prosecution need only produce sufficient evidence from which a reasonable juror could conclude the defendant committed the other crime.

Upon defendant’s request, prosecution must give pretrial notice of the intent to produce MIMIC evidence. Courts must also weigh 403 considerations.

Question 7

Sexual Misconduct to Show Propensity in Criminal or Civil Sex-Crime Cases

Answer 7

In cases alleging sexual assault or child molestation, prior specific sexual misconduct of the defendant is admissible in the prosecution/plaintiff’s case in chief for any relevant purpose including proving a propensity for sex crimes.