Character Evidence

Question 1

Evidence of D’s character is not admissible to show:

Answer 1

conduct in conformity with that character

Question 2

Can D introduce evidence about relevant character trait?

Answer 2

Yes.

Question 3

D’s character evidence must be in the form of _____ or _____ testimony.

Answer 3

reputation or opinion

Question 4

How can prosecutor rebut D’s character evidence?

Answer 4

1. cross examine witness about specific acts

2. call their own witness about reputation or opinion

Question 5

Can prosecutor use extrinsic evidence to rebut D’s character evidence?

Answer 5

No.

Question 6

When can D introduce evidence of victim’s character?

Answer 6

In a self defense case D can introduce evidence of the victim’s violent character. This is done through reputation or opinion testimony.

Question 7

How can prosecutor rebut victim character evidence?

Answer 7

Opinion or reputation testimony about:

1. victim’s good character for peacefulness
2. D’s bad character for violence

Question 8

In civil cases, character evidence is inadmissible to show _________.

Answer 8

conduct in conformity.

Question 9

When is character evidence admissible in civil cases?

Answer 9

Character is an essential element of a claim or defense

Question 10

When character is an essential element - how is character evidence introduced?

Answer 10

Reputation testimony, opinion testimony, specific conduct

Question 11

What actions have character as an essential element?

Answer 11

Negligent hiring or entrustment, defamation, child custody

Question 12

Non-character purposes for evidence of D’s prior crimes or bad acts (MIMIC):

Answer 12

Motive
Intent
Mistake or accident (absence)
Identity
Common scheme or plan

Question 13

How can prosecutor introduce MIMIC evidence?

Answer 13

(1) Conviction

(2) Witnesses