Character Evidence Flashcards
Character Evidence
Evidence of a particular character trait cannot be used to show that a person acted in conformity with that character trait
Character Evidence in Civil Cases
Inadmissible to prove person acted in accordance with that character trait on a specific occasion
Admissible when character is an essential element of a claim/defense, instead of means of proving a person’s conduct
Character Evidence in Criminal Cases: General Rule
Prosecution NOT allowed to introduce bad character of D
Character Evidence in Criminal Cases: D’s Good Character
D permitted to introduce a pertinent trait of character
HOWEVER, this opens door for prosecution to rebut D’s claims by attacking D’s character
Prosecutor can cross-examine D’s character witnesses with questions about SPECIFIC ACTS from the past
Character Evidence in Criminal Cases: Victim’s Character
D may introduce evidence of a pertinent trait of the victim
Typically only happens in violent cases to show victim started altercation
HOWEVER, this opens door for prosecution to introduce evidence that D has the SAME TRAIT victim is accused of having
Methods of Proving Character
(1) Reputation Testimony
(2) Witness Opinion
Only prosecutor can use specific acts, and this can only be done on cross-examination after D opens door by introducing evidence of their own good character
Using Character Evidence to Impeach
Character evidence of witness’s untruthfulness is admissible/relevant to impeach a witness
Prior Bad Acts
Evidence of D’s past crimes or bad acts NOT ADMISSIBLE TO SHOW D’S CRIMINAL PROPENSITY to prove that they committed the crime in question
When Prior Bad Acts Can Be Introduced
5
MIMIC
1) Motive
(2) Intent
(3) Mistake (Absence of
(4) Identity
(5) Common Plan or Scheme
Habit Evidence
Something that is routine, regular, or automatic
Admissible to prove person/organization acted in conformity with that habit on a particular occasion
