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Evidence > Character Evidence > Flashcards

Character Evidence Flashcards

1
Q

Character Evidence definition

A
  • a persons general propensity or disposition
    • Ex: character traits of honesty, dishonesty, peacefulness or violence
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2
Q

Character evidence rule

A
  • NOT ADMISSIBILE to prove conforming conduct
  • Its not that the evidence is irrelevant, but that its unfairly prejudicial
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3
Q

Purposes of Character Evidence

A
  • Character is directly in issue/essential element of claim-
    • rare.
  • As circumstantial evidence- character in conformity.
  • Character of testifying witness—character for truthfulness/untruthful offered to impeach or rehabilitate a witness
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4
Q

Methods of Proving Character

A
  • A persons reputation in the community
    • E.g. D can put witness to testify to Ps reputation for dishonesty.
  • Opinion testimony.
    • Character testifies that in her opinion, P is dishonest.
  • Specific acts relevant to the character trait.
    • May involve criminal or non-criminal acts, and no conviction, arrest, or charges are required.
    • Typcally not admissibile.
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5
Q

VA Methods of Proving Character distinction

A

In VA, a character witness may not provide opinion testimony.

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6
Q

Character Evidence in Criminal Cases

General Rule and Exceptions

A
  • Evidence of Ds character generally not admissibile to prove conforming conduct.
  • Exceptions:
    • D introduces evidence of his own pertinent character trait
    • P can then present rebuttal evidence for the same pertinent character trait
    • (called the mercy rule)
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7
Q

Character Evidence in Criminal Cases

Form of Character Evidence

A
  • When character evidence is admissibile to show propensity the only proper methods are reputation or opinion.
  • No specific acts!.
  • The character evidence must be as to a pertinent trait. Pertinent to the litigation
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8
Q

Character Evidence as an Essential Element in a Criminal Charge

A
  • Character is never an essential element of a criminal charge.
    • But D or D witness can put on character evidence.
    • But cannot show specific acts or character traits irrelevant to murder charge—e.g. honesty/bravery not relevant
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9
Q

Character Evidence in Criminal Cases

2 ways prosecution can rebut

A
  • Call witnesses to testify to Ds relevant bad character.
    • Form: reputation or opinion.
  • Cross-examining Ds character witnesses by questioning their knowledge of specific acts the D has engaged in that are relevant to the character trait in issue.
    • Can be specific acts.
      • E.g. character witness says D is peaceful. P can ask whether wit knows D beats his wife.
    • Good faith requirement:
      • P cannot prove act but must have good faith belief that the act occurred.
      • So, if P asks about specific act and wit says they didnt know, P cannot intro evidence proving act
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10
Q

Victims Character in Self-Defense Cases

A
  • D may offer evidence of the victims violent character to prove victim was initial aggressor
    • No specific acts
  • Prosecutor may rebut thru:
    • Evidence of the victims good character for the pertinent trait
    • Evidence of Ds character for that same trait.
    • No specific acts
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11
Q

Victims Character in Self-Defense Cases

Special Homicide Rule

A
  • If D introduces evidence that victim started fight in homicide case, P can counter with character evidence about the victim.
  • No need to have D put on character evidence of victim
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12
Q

Special Rule for Ds knowledge of victims character for violence

A
  • D may show evidence of his own knowledge of vics character for violence for purpose of showing his state of mind at the time of the death
    • Shows Ds belief, not vics propensity
    • Because this isnt propensity evidence, can use any form incl. specific acts
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13
Q

Victims Character in Self-Defense Cases

VA Rule

A
  • In Virginia, when a defendant is claiming self-defense, she may introduce reputation testimony or specific acts evidence of the victims character for violence.
  • Once the D introduces evidence of the victims violent character, the prosecution may only rebut with the victims good reputation for peacefulness.
    • (Under the FRE, prosecution may also rebut with the Ds bad character for violence)
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14
Q

Character Evidence in Civil Cases Rule

A
  • Character evidence is generally inadmissible to prove conforming conduct (propensity) in civil cases.
  • P cannot offer character evidence to show Ds propensity to do something, and D cannot offer character evidence to show his tendencies not to do that thing.
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15
Q

Character Evidence in Civil Cases Exception

A
  • Character evidence admissible in civil cases where character is an essential element of a claim or defense.
  • This applies only in very limited situations.
    • Defamation.
    • Negligent entrustment/hiring.
    • Child custody
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16
Q

Character Evidence in Civil Cases Exception-

Forms of Evidence Used

A
  • In these limited situations, you can use any form, incl. specific acts.
    • P can offer evidence in neg hiring case that D driver was in 2 other accidents in the past 6 months.
    • D can show in defamation cases thru character evidence of any kind to show their allegation was true
17
Q

Other Crimes Evidence for Non-Character Purposes Rule

A

Ds other crimes or specific bad acts inadmissible during prosecutions case in chief if the only purpose is to prove propensity

18
Q

Other Crimes Evidence for Non-Character Purposes

Exception

A
  • If offered for some purpose other than propensity.
    • Can be offered by in either civil or criminal cases.
    • Can be offered by either side.
    • Typically used by criminal prosecution against a D
19
Q

Other Crimes Evidence for Non-Character Purposes

Most Common Purposes

A

OKIAPIMP

O-opportunity

K-knowledge

I-intent

A- absence of mistake or accident

P-preperation I

-Identity (MO)

M-Motive

P-Plan

20
Q

Other Crimes Evidence for Non-Character Purposes

Procedural Effect on Case

A
  • If satisfied, prosecution can use other crimes evidence as part of its case in chief, no need for D to introduce character evidence.
    • E.g. Ds past judge dies 10 days after D gets out of jail. Admissible to show motive.
    • D on trial for poss w/ intent. P can show prev poss w/ intent convictions to show he had intent to deal.
21
Q

Other Crimes Evidence for Non-Character Purposes

MO Evidence

(Second I in OKIAPIMP)

A
  • Only evidence to prove Ds MO if its unique and associated with the accused
    • E.g. signature. Cant just be a ski mask in a bank robbery.
22
Q

How to prove OKIAPIMP evidence

A
  • Former convictions
  • By evidence that tends to show the act occurred
  • burden of proof
    • Prosecution must product sufficient evidence for a reasonable jury to conclude that D committed prior act by prep of the evidence
23
Q

Other Crimes Evidence

Scope of Evidence that can be used

A

Does not require conviction or even arrests, includes non-criminal acts or wrongs, if relevant

24
Q

Other Crimes Evidence Pragmatic Considerations

A

Pragmatic considerations—danger of unfair prejudice to the defendant

25
Q

Other Crimes Evidence Limiting Instruction

A

court must instruct jury about limited prupose of the evidence

26
Q

Other Crimes Evidence

Pretrial Notice

A

upon request of defendant, the prosecution must give pretrial notice of intent to introduce other crimes evidence.

27
Q

Other Crimes Evidence and Double Jeopardy

A
  • Double jeopardy does not apply if D prev. acquitted.
  • P can still offer evidence under other acts rule
28
Q

When Specific Acts Can Be Used

A
  • To cross-examine Ds character witnesses when relevant to character trait in issue (good faith requirement).
  • To prove Ds knowledge of vics violent character to show state of mind at time of death.
  • In civil cases where other crimes evidence is admissible
29
Q

Other Acts Evidence in VA

A
  • In Virginia, other-acts evidence is admissible to prove motive, intent, etc., if the court finds that its probative value outweighs its incidental prejudice.
  • This balancing test favors exclusion as compared to federal prejudice rule.

Evidence (9 decks)

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