Character Evidence Flashcards
What is character evidence?
It shows a persons general propensity or disposition
What are the three methods you can use to prove character?
- Reputation
- Opinion
- Specific Acts
Character ever be an essential element of a criminal charge?
No, never.
What is the general regarding introducing character evidence?
Generally, it is an in admissible to prove propensity/conforming conduct.
In a criminal trial, if the defendant offers character evidence to show a certain trait, what can the prosecution do in response?
The prosecution can offer a reputation or opinion evidence (no specific acts) to rebut the defendants character evidence.
However it must be to the SAME pertinent TRAIT.
To report the defendants character evidence how can the prosecution do this?
Call their own witness to testify as to the defendants bad character.
Cross examine the defendant’s character witness by questioning their knowledge of specific acts.
If the defendant offers evidence that the victim had a bad character trait, what can the prosecution do?
Prosecution can either offer reputation or opinion evidence of (1) the victims good character for the pertinent trait or (2) the defendants bad character for the same trait
Does the defendant put the character in issue by testifying?
No, it only places their credibility at issue
In civil cases when is character evidence and essential element of the claim or defence and therefore admissible?
Defamation cases
Negligent entrustment/hiring
Fraud
Child custody
Self defence
For admissible character evidence in civil cases (where it’s an essential element of the claim or defence) what form of evidence can be offered?
Reputation, opinion, or specific acts
When can character evidence Be offered in a criminal or civil trial to show something other than propensity?
Remember: OKAY I A PIMP
Opportunity
Knowledge
Intent
Absence of mistake
Preparation
Identity (unique and associated with the accused)
Motive
Plan
What is the burden of proof for introducing OKAY I A PIMP evidence?
The Sufficiency Standard:
The prosecution must produce sufficient evidence for a reasonable jury to conclude that the defendant committed the prior act by a preponderance of the evidence.
