Character Evidence Flashcards
What is character evidence? is it admissible?
generalized information about a person’s behavior - such as information that the defendant is a criminal, bad parent, or inattentive driver, is generally inadmissible
Character evidence in civil cases? is it admissible?
evidence of a person’s character or character trait generally is inadmissible to prove that the person acted in accordance with that character or character trait (FRE 404(a)(1)).
Character evidence regarding past sexual assault or child molestation?
evidence concerning past sexual assault or child molestation by a DEFENDANT is admissible.
When is Character evidence admissible?
when a character is an essential element of claim or defense, rather than means of proving a person’s misconduct. (FRE 404(b)
Defendant’s Character in a criminal case, can the prosecution introduce?
the prosecution is not permitted to introduce evidence of a defendant’s bad character to prove that the defendant has a propensity to commit crimes
Defendant’s Character in criminal case, can the defendant introduce?
a defendant is permitted to introduce evidence of his good character as being inconsistent with the type of crime being charged. the Defendant’s character must be pertinent to the criminal charges.
Defendant’s Character trait: “open the doors”
Although the prosecution cannot introduce evidence of the defendant’s bad character, the defendant makes his character an issue in the case if he offers evidence of his good character. when the defendant opens the door, the prosecution is free to rebut the defendant’s claim by attacking the defendant’s character. (FRE 404(a)(2)(A)).
When does the Defendant not open the door to character evidence?
the defendant does not open the door to character evidence by merely taking the stand, but as a witness, the defendant is subject to impeachment.
Can a Defendant introduce evidence of a victim’s bad character?
a criminal defendant may introduce reputation or opinion evidence of the alleged victim’s character when it is relevant to the defense asserted. (FRE 404(a)(2)(B).
Method of proving character?
when a character evidence is admissible, it may always be proved by testimony about the person’s reputation or in the from of the witness’s opinion. (FRE 405(a)).
When are “Bad Acts” allowed to be introduced?
MIMIC
Motive, Intent, Mistake, Identity or Common Plant.
Is Habit Evidence admissible?
evidence of a person’s habit or an organization’s routine is admissible to prove that the person or organization acted in accordance with the habir or routine on a particular occaion. (FRE 406). Habit has to be something you do “always” or “every time” . Habit is not something you do “often” or “frequently”.
