Character Evidence Flashcards
Character
Criminal
Prosecution cannot be first to offer evidence of Character to prove conduct.
Criminal
EXCEPTION
1) Sexual assault/ Child molestation
2) where court has admitted evidence of victimes character offered by D, prosecution can be first to offer evidence that D has some character.
Nevada: no Exception
Criminal
EXCEPTION
Nevada
No Exception
Specific instance of Defendants Bad Conduct
Admitted to prove anything other than character
- Motive
- Intent
- Mistake (absence of)
- Identity
- Common Sceme or Plan
Civil
Is INADMISSIBLE to prove Conduct
Character
Civil Exception
Nevada
No Exception
Civl Cases
CHARACTER EVIDENCE ADMISSIBLE
1) Civil Fraud
2) Libel or slander (Defamation)
3) Child Custody Cases
4) Neg instruments
5) Self Defense Issues
6) loss of Consortium
** For Dinner Chris Is Doing Chartering
Character Evidence
Must be offered as substantive, not impeachment, evidence to:
1) Prove character when at issue in case, or
2) serves as circumstantial evidence of how actor can ..???
** Character evidence genreall inadmissible to prove character and conformity.
Victims Character
Defendant opens door by:
1) NV and FED: Defendant offers evidence of victimes character, prosecution may rebut
2) Fed: homicide, can rebut with peacefulness of victim.
** On direct examination reputation and opinion permitted but no specific instances
** On Cross: reputation, opinion, specific
Criminal Character
CROSS-EXAMINATION
Prosecution (or any party) can inquire about specific acts after door has been open.
“did you know?”
“Have you heard?”
Criminal Character
PROSECUTION CALL WITNESS TO REBUTT:
No specific acts of misconduct on Rebuttal, but allow:
1) opinion
2) Reputation
Character Criminal
RAPE SHEILD
- Reputation and opinion inadmissible
- Specific instance only admissible to prove
1) 3rd party is source of seaman
2) prior act of consensual sex
Character Civil
RAPE SHEILD
Reputation, opinion, and specific if probative value substantially outweigh unfair prejudice.
Character Criminal
D Can Open Door of His Good Character:
1) Reputation
2) Opinion
= No Specific acts when D opens
= Prosecution can rebut <— by calling witness (Reputation and Opinion only)
Victims Character
Fed: Homicide
D Pled Self Defense
* Evidence of any kind that the victim was first aggressor opens the door to evidence that the victim had good character for peacefulness
