Character Evidence

Question 1

What is character evidence?

Answer 1

Character evidence is evidence that a party offers to show that the person acted in a certain way on a certain occasion because of their character, meaning under the influence of a lasting attribute or disposition.

Question 2

When is character evidence inadmissible?

Answer 2

Evidence of a person’s character is not ordinarily admissible to prove that the person acted in accordance with that character.

Question 3

When is character evidence admissible?

Answer 3

A defendant in a criminal case may offer evidence of the defendant’s own character, which the prosecutor may then rebut, and of the victim’s character, which the prosecutor may rebut and then offer the defendant’s character. A party may also offer evidence of a witness’s character to impeach credibility.

Question 4

In what form must admissible character evidence be?

Answer 4

Character evidence must be in the form of opinion or reputation, unless character is an essential element in the case. Only the cross-examiner of the character witness may inquire into specific instances of the characterized person’s conduct.

Question 5

When is evidence of another crime, wrong, or act inadmissible?

Answer 5

A party cannot use evidence of another crime, wrong, or act to prove a person’s character to act accordingly.

Question 6

When is evidence of another crime, wrong, or act admissible?

Answer 6

A party may use evidence of another crime, wrong, or act to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Question 7

What must a prosecutor do to use such other-act evidence?

Answer 7

A prosecutor must notify the defendant of any such evidence the prosecutor intends to offer at trial if the defendant asks. The court must exclude the prosecutor’s evidence if the prosecutor fails to give pretrial notice when asked, unless the prosecutor can show good cause for the failure.

Question 8

Character evidence is evidence that a party offers to show that the person acted in a certain way on a certain occasion ____________________.

Answer 8

because of their character, meaning under the influence of a lasting attribute or disposition.

Question 9

Evidence of a person’s character is not ordinarily admissible __________________.

Answer 9

to prove that the person acted in accordance with that character.

Question 10

A defendant in a criminal case may offer evidence of the defendant’s own character, ___________________, and of the victim’s character, ________________________.

Answer 10

which the prosecutor may then rebut

which the prosecutor may rebut and then offer the defendant’s character. A party may also offer evidence of a witness’s character to impeach credibility.

Question 11

Character evidence must be in the form of opinion or reputation __________________.

Answer 11

unless character is an essential element in the case, except a character witness’s cross-examiner may inquire into specific instances of the characterized person’s conduct.

Question 12

A party cannot use evidence of another crime, wrong, or act ________________________.

Answer 12

to prove a person’s character to act accordingly.

Question 13

A party may use evidence of another ___________________.

Answer 13

crime, wrong, or act to prove:

• motive,
• identity,
• absence of mistake,
• intent,
• knowledge,
• opportunity,
• preparation, or
• plan.

Question 14

A prosecutor must notify the defendant of any such evidence the prosecutor intends to offer at trial if the defendant asks. _______________________.

Answer 14

The court must exclude the prosecutor’s evidence if the prosecutor fails to give pretrial notice when asked, unless the prosecutor can show good cause for the failure.