Character Evidence Flashcards
Character Evidence
FRE 404(a)
Character Evidence is not admissible to show action in conformity with propensity
Character at issue
All 3 forms admissible
not really character evidence as it is not offered for the propensity inference rather the character is an element of the casue of action/defense to be proved
examples: defamation, negligent entrustmenr
When is character at issue?
- defamation
- wrongful discharge
- custody proceeding
- negligent entrsutment
- entrapment
Character evidence offered for non-propensity inference
FRE 404(b)/CEC 1101(b)
Character evidence offered for something other than propensity inference is admissible
specific instances only
fed: must give advance notice
Mercy Rule
FRE 404(a)(1)
Criminal D allowed to present reputation and opinion evidence of good character
**not in civil cases
- P can cross examine D’s witness with Specific Instances
- P must take W at answer- no extrinsic evidence
- P can also call its own bad character evidence of D
- direct: reputation/opinion
- Cross: specific instances
Non-propensity purposes MIMIC SCOP
- M:Motive
- I:Intent
- M:Mistake (Absence of)
- I:Identiy
- C:Common Scheme or Plan
- S:Specialized Knowlege
- C:Consent
- O:Opportunity
- P:Preparation
Criminal D may attack victims character
If D attacks v’s character P may rebut witcims good character (rehabiliate) or attack D’s bad character
federal
forms: rep/opinion
traits: all
**federal homicide quirk**
california
forms: all
traits: P may rebut with violence only
Federal Homicide Quirk
In a federal homicide prosecution if D presents evidence that the Victim was first agressor (with non character evidence) then P may use character evidence to rehabiliate the victim (reasoning the V is dead and not abialble to testify)
forms: reputation/opinion only
Rape Shield Laws
FRE 412(a)
-No evidence of victims sexual history
Rape Shield: Federal Crim
- all forms excluded
- criminal exceptions 412(b)(1)
- to prove that someone other than D, is source of semen or injury
- evidence of V’s prior sexual hirsotry with D
- anything that would violate D’s constiutional rights
Rape Shield: Federal Civil
- Evidence can come in if the judge determine that it’s provative value is geather thatn its prejudicial effect
- reputation admisible only if raised by alleged victim
Rape Shield Laws
[Federla notice/hearing requirements]
In civil or criminal case, proponent must make advanced writtend motion; judge conducts in camera hearing
Rape Shield Law: CA Crim and Civil
- Victims reputation admissible only if Victim opens the door
- Manner of dress inadmissible (unless judge allows for good cause)
- If P raises sexual past Defendant confined to narrow rebutal
**Cour need only consider offer of proof regarding manner of dress evidence
P offers evidence of D’s prior bad acts in sexual offense cases
[federal]
- criminal and civil cases
- types of cases in which character evidence is admissible
- sexual assault
- child molestation
- subject of admissible character evidence
- prior sexual offenses only
- forms
- spcific instances
- on rebutal: all 3 forms
- spcific instances
- notice is required
P offers evidence of D’s character in sex offense cases
[California]
- Criminal only
- types of cases in which character evidence is admissible
- variety of sex offenses
- domestic violence
- subject of admissible character evidence
- prior sex offenses even in non sexual “domestic abuse” case
- forms:
- specific instances
- on rebutal: all 3fomrs
- notice required
