CHARACTER EVIDENCE Flashcards
PURPOSES TO OFFER CHARACTER EVIDENCE
- To prove character when character itself is an ultimate issue: must be admitted when the person’s character itself is an ultimate issue
- To serve as circumstantial evidence of how a person probably acted: most difficult issues of relevance
- to impeach credibility of witness
MEANS OF PROVING CHARACTER
- evidence of specific acts as demonstrating character is permitted where character is itself one of the ultimate issues in the case. Specific acts may be admissible if relevant for some other purpose
- opinion testimony: witnesses who know the person may testimony as to their opinion of the person;s character
- General reputation in the community: witnesses who know of the reputation of an individual can testify as to that reputation- most common means of showing character
GENERALLY NOT ADMISSIBLE IN CIVIL CASES
exception: when character is directly in issue
- when it is a matter of substantive law or
- is an essential element of a claim or defendant in a civil action
Situations:
1. negligent hiring or entrustment
2. defamation (libel or slander)
3. child custody
reputation, opinion or specific act evidence may be used in these situations
ACCUSED IN A CRIMINAL CASE- ACCUSED CAN INITIATE
Defendant is allowed to introduce character evidence through:
- reputation or personal opinion testimony for the trait involved in the case (i.e. violence= peace, fraud= honesty)
- Testifying places defendant’s credibility not character at issue- subject to impeachment
PROSECUTION CAN REBUT THE DEFENDANT’S CHARACTER EVIDENCE
if the Defendant puts her character at issue, prosecution may rebut through:
- cross- examination: test the character witness regarding the basis for his opinion or knowledge of the reputation
- Have you heard that… (reputation)
- Did you know that… (opinion) - Testimony of another witness as to Defendant’s bad character- calls own witness to testify as to Defendant’s bad character
VICTIM IN A CRIMINAL CASE
- Defendant may introduce reputation evidence or opinion evidence of a bad character trait of the alleged victim if used to show that Defendant’s innocence
- does not include rape victims - once defendant has introduced evidence of a victim’s bad trait, prosecution may counter with reputation or opinion evidence of
- the victims good character for the same trait, the defendant’s bad character for the same trait - in homicide case for self defense purposes
- evidence of any kind that the victim was the first aggressor opens the door to evidence that the victim had a goof character for peacefulness- can be introduce regardless of whether the defendant has introduced evidence of the victim’s violent propensity
RAPE CASES
Victims past behavior inadmissible
- exceptions in criminal case: offered to prove that a person other than the accused was the source of semen, injury or other physical evidence is admissible
- also specific instances of sexual behavior between the victim and accused are admissible to prove consent by either party
- also admissible when exclusion would violate defendant’s constitutional right - Exception in civil cases: evidence offered to prove the sexual disposition or behavior of alleged victim is admissible if it is otherwise admissible under the FRE AND its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party. reputation is admissible only if placed in controversy by victim
- procedure: must file a motion 14 days before trial describing the evidence and its purpose and must the motion on all parties and notify the victim
SPECIFIC ACTS OF MISCONDUCT GENERALLY INADMISSIBLE
if offered solely to show criminal disposition
- ADMISSIBLE if independently relevant: relevant to some issue other than the defendants character or disposition to commit the crime charged
MIMIC- Motive (commission of a prior crime may be evidence of a motive to commit the current crime), intent( evidence that defendant committed prior, similar acts is admissible to establish guilty knowledge and negate good faith), mistake or accident (defense of accident or mistake anticipated, used to negate possibility of of mistake or accident), identity (evidence that connects Defendant to the crime including misconduct, or that accused committed prior criminal acts that are so distinctive as to operate as a signature may be introduced to show the accused committed act in question), common place or scheme(evidence defendant recently stole some tools that were used in a burglary is probative of the fact that she committed the burglary for which she is accused)
- other: used to show opportunity, knowledge or any relevant fact other than the accused general bad character
QUANTUM PROOF OF INDEPENDENTLY RELEVANT ACTS OF MISCONDUCT
independently relevant acts of misconduct by defendant will be admissible without preliminary ruling as long as there is sufficient evidence to support a jury finding that the defendant committed the prior act AND its probative value on MIMIC is not substantially outweighed by the danger of unfair prejudice
PRIOR ACTS OF SEXUAL MOLESTATION
admissible in criminal or civil where the defendant is accuse d of committing an act of child molestation or sexual assault. Party who offers this evidence must disclose the evidence to the defendant 15 days before trial.
