Character Evidence Flashcards
When is character evidence admissible in a civil case?
Character evidence is not admissible by either party in a civil case to prove a person’s conduct in conformity, but may be admissible if character is directly in issue (is an essential element of a claim or defense). Then it may be proven by reputation, opinion, and specific acts. Examples of such suits are negligent hiring or entrustment, defamation, and child custody,
When is the defendant’s character evidence admissible in a criminal case?
It is inadmissible during the prosecution’s case in chief.
The defendant may introduce evidence of their own relevant character trait (by reputation or opinion testimony).
If the defendant does this, the prosecution may rebut this by either (1) cross-examining the defendant’s character witness about specific acts by the defendant reflecting adversely on the same trait (“have you heard”/“did you know”) or (2) calling its own reputation/opinion witnesses to contradict the defendant’s
When may evidence of a victim’s character in a criminal case be introduced?
The defendant may introduce negative character evidence about the victim if relevant to defendant’s innocence (usually to bolster a self-defense claim.
If the defendant does this, the prosecution may counter with either reputation/opinion evidence of the victim’s good character for the same trait or the defendant’s bad character for the same trait.
When may evidence of the character of a victim of sexual misconduct be introduced?
Where sexual misconduct is alleged, Evidence of victim’s sexual behavior/disposition generally inadmissible. Will be admissible in a criminal case to prove the defendant is not the source of physical/dna evidence. In a civil case, evidence of victim’s sexual behavior admissible only if probative value substantially outweighs harm to victim and reputation evidence only if placed in controversy by the victim.
What is the consequence of a defendant introducing evidence of any kind that the victim was the first aggressor in a homicide case?
Opens the door to evidence that the victim had a good character for peacefulness (regardless of whether defendant’s self-defense evidence was character evidence)
When are specific acts of defendant’s prior misconduct admissible?
Inadmissible to show criminal disposition/propensity/bad character.
Admissible if
(1) independently relevant to some issue (actually being contested/disputed) other than character or disposition:
— Motive
— Intent
— Mistake (absence of)
— Identity
— Common plan or scheme
[and]
(2) sufficient evidence from which a reasonable juror could conclude that the defendant committed the act (104b conditional relevancy standard) [and]
(3) probative value not substantially outweighed by the danger of unfair prejudice
How may independently relevant prior misconduct be proven?
By conviction or other evidence, like witnesses/must give retrial notice of intent to introduce this evidence
When are defendant’s prior bad acts in a sexual misconduct case admissible?
In a criminal or civil case in which defendant is accused of sexual assault or child molestation, evidence of prior acts of sexual assault or child molestation are admissible in prosecution/plaintiff’s case in chief for any relevant purpose including propensity (intent to use must be disclosed 15 days in advance of trial)
