Character Evidence

Question 1

What are the three means of proving character?

Answer 1

1. Evidence of specific acts
2. Opinion testimony of a witness who knows the person
3. Testimony as to the person’s general reputation in the community

Question 2

Is a character witness admissible in civil cases, generally?

Answer 2

Generally no, unless character is at issue.

Question 3

When is character at issue in a civil case?

Answer 3

Defamation
Child Custody
Negligent Entrustment
Fraud
Self-Defense

Question 4

When can prosecution bring up character evidence in a criminal case?

Answer 4

When Defendant “opens the door” and first introduces character evidence.

Question 5

What kinds of character evidence can the criminal Defendant introduce?

Answer 5

D can introduce opinion and reputation evidence. Specific acts may NOT be introduced to demonstrate innocence.

Question 6

How can the Prosecution rebut D’s character evidence?

Answer 6

1. P can rebut D’s evidence on cross examination of testifying witnesses, but only within the scope of D’s questioning. This includes inquiring about asking whether witness knows of specific acts of misconduct.
2. Prosecution may call its own witness to testify about Defendant’s BAD reputation/opinion.

Question 7

When may a criminal defendant introduce evidence about the victim’s character?

Answer 7

Any time it is relevant to proving defendant’s innocence EXCEPT in rape cases.

Question 8

What two things may the Prosecution do once D introduces bad character evidence about the victim?

Answer 8

Prosecution may introduce evidence about:

1. The victim’s GOOD character, and
2. The D’s BAD character for the SAME TRAIT

Question 9

When can a rape victim’s past sexual behavior/conduct be admissible in a criminal case?

Answer 9

When it is used to prove:

1. Someone else is the source of semen, injury, or other physical evidence.
2. If it is to prove consent

Question 10

When can a rape victim’s past sexual behavior/conduct be admissible in a civil case?

Answer 10

1. If it has been placed at issue by victim, AND

2. if its not excluded by another rule and the probative value outweighs unfair prejudice.

Question 11

When can evidence for victim’s peacefulness be introduced?

Answer 11

Only in a homicide cases when defendant is claiming self-defense, evidence showing that the victim was the first aggressor opens the door to show victim has good character for peacefulness, even if D didn’t mention victim’s violent propensity.

Question 12

When can specific acts of misconduct be admissible?

Answer 12

Only if they are Independently Relevant (relevant to an issue other than the D’s character or disposition to commit a crime.

Question 13

What are five ways evidence of prior acts of misconduct ARE admissible?

Answer 13

MIMIC
Admissible to demonstrate:
Motive
Intent
Mistake (absence of)
Identity
Common Plan or Scheme

Question 14

When are prior acts of sexual assault or child molestation?

Answer 14

When the defendant is accused of sexual assault or child molestation.

Question 15

When a criminal defendant decides to testify, may the Prosecution inquire about his character?

Answer 15

No, unless D first “opened the door”. Just D taking the stand does not put his CHARACTER at issue, merely his CREDIBILITY.