Character Evidence Flashcards
The four key inquiries when evaluating the admissibility of character evidence are:
1) The purpose of the offer of character evidence;
2) The method of proving character;
3) The type of case - Civil or Criminal; and
4) What trait of character is involved.
Character evidence is admissible when the purpose is:
1) To demonstrate a character that is directly at issue in the case;
2) To use character as circumstantial evidence of a person’s conduct at the time of a litigated event, so as to show conformity with conduct;
3) To impeach the credibility of a witness.
What are the methods/techniques of proving character?
1) Specific Acts of Conduct;
2) Opinion;
3) Reputation
In a civil case, character is not admissible when offered as
circumstantial evidence to infer conduct at the time of the litigated event.
In a civil case, character evidence is admissible when the character of a party is
itself a material issue in the case, i.e. character is directly in issue.
In a civil case, when character is directly in issue, it may be proved by
Specific Acts, Opinions, Reputation.
In a Criminal Case, bad character is not admissible at the initiative of the prosecution IF
the sole purpose is to show criminal disposition in order to infer guilt.
In a Criminal Case, the defendant is permitted to offer evidence of good character for a pertinent trait in the form of
Reputation and Opinion.
After the defendant has offered evidence of good character, they have
“Opened the Door” to the prosecution, which then has the right to show the defendant’s bad character by Reputation or Opinion.
The prosecution may use specific bad acts of a defendant by
cross-examining the defense’s “good character” witness about specific acts that would/should affect the defendant’s reputation or generalized opinion about the defendant.
Generally, specific bad acts may only be introduced
by using the mouth of a “good character” defense witness as a vehicle for disclosure of the specific bad acts.
A defendant in a homicide or assault case, as part of a self-defense plea, may show the character of the victim as
circumstantial evidence that the victim was actually the aggressor. Limited to reputation/opinion.
A defendant in a CRIMINAL sexual misconduct case may present evidence of the victim’s sexual history/sexual predisposition to prove consent by
Specific Instances of sexual behavior ONLY, and only 1) if offered to prove third party was source of semen/injury/physical evidence, 2) if offered to prove prior consensual intercourse, 3) if exclusion would violate constitutional rights of the accused.
In a CIVIL case of sexual misconduct, evidence of the victim’s sexual disposition or behavior is only admissible when
probative value substantially outweighs the danger of harm to victim and unfair prejudice to any party.
The Prosecution may offer prior crimes or prior acts of misconduct, without the defendant opening the door, when the misconduct is
relevant to prove a material fact other than character or disposition, i.e. to show something other than criminal disposition.
