Character Evidence Flashcards
When can character evidence be offered as substantive?
1) to prove character when it is the ultimate issue
2) serve as circumstantial evidence of how a person probably acted
What are the possible methods of proving character evidence?
1) Evidence of specific acts
2) opinion testimony of a witness who knows the person; and
3) Testimony as to the person’s general reputation in the community
Is character evidence generally admissible in civil cases?
No, not unless character is directly in issue (in defamation cases).
How may a defendant bring in character evidence?
the defendant can testify as to the defendant’s good reputation for the trait in question and may give his personal opinion concerning that trait of the defendant.
How does the prosecution rebut the defendant’s character evidence?
1) cross examining the witness by asking if he has heard of the defendants specific instances of misconduct and
2) Calling its own character witnesses to testify to the defendant’s bad reputation or give their opinions of the defendant’s character
Can the prosecution bring in extrinsic evidence of the misconduct?
NO
Except in sexual assault cases, what can the defendant introduce when claiming self-defense?
A defendant may introduce reputation or opinion evidence of a bad character trait of the alleged crime victim when it is relevant to show the defendant’s innocence.
When the defendant introduces evidence of the victim’s bad character trait, what may the prosecution do?
the prosecution may counter with reputation or opinion evidence of 1) the victim’s good character for the same trait, or (2) the defendant’s bad character for the same trait.
What are the exceptions in criminal cases where evidence of a victim’s sexual behavior can be itnroduced?
specific evidence of the victim’s sexual behavior can be introduced to prove the defendant is not the source of the semen, injury, or other physical evidence. And either party can bring evidence to prove consent.
What are the exceptions in civil cases where evidence of a victim’s sexual behavior can be introduced?
Only if it has been placed in controversy by the victim and its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.
In homicide cases, where the defendant pleads self defense what might the victim do?
The victim may introduce the victim’s good trait for peacefulness, this can be introduced regardless of whether defendant said victim had violent propensity
When can a evidence of a person’s specific acts of misconduct come in?
usually they are not admissable if offered solely to establish a criminal disposition or bad character. But this evidence can come in if it is to prove MIMIC. but there must be evidence sufficient to support a jury finding that the defendant committed the prior act, and its probative value must not be substantially outweighed by the danger of unfair prejudice.
What does MIMIC stand for?
Motive, Intent, Mistake, Identity, Common Plan or Scheme.
When can you introduce evidence of a defendant’s prior acts of sexual assault or child molestation in criminal or civil cases?
where the defendant is accused of committing an act of sexual assault or child molestation. The party offering this evidence must disclose it to the defendant 15 days before trial (or later with good cause)
