Character Evidence Flashcards
Is character evidence admissible to prove conduct in civil cases? Under FRE? Under CEC?
Inadmissible to prove conduct in both CEC and FRE, but one FRE exception: where claim is based on sexual assault or child molestation (CHOMO) defendant’s prior acts of sexual assault or child molestation are admissible to prove defendant’s conduct in the case.
Civil tort action for assault arising out of rape. To prove defendant committed the tort, plaintiff offers evidence defendant committed other acts of sexual assault in the past. Admissible under Federal law? Under California law?
Admissible under FRE, not under CEC
What are the major issues in using character evidence in a criminal case?
Is character evidence admissible to prove conduct of the defendant? Of the victim?
Who must be the first to open the door to defendant’s character evidence in CA? Does Prop. 8 have any bearing on this?
Defendant. Prosecution cannot be the first to offer defendant’s character evidence (both FRE and CEC). Prop 8 does not change this rule.
When may the prosecution be the first to offer evidence of defendant’s character in a criminal case?
(i) FRE and CEC: in cases of sexual assault or child molestation, evidence that D committed other acts of child molestation or sexual assault is admissible.
(ii) FRE: where court admitted evidence of victim’s character offered by accused, prosecution may offer evidence that accused has same character trait.
(iii) CA ONLY: in prosecution for crime of domestic violence or elder abuse, prosecution may offer evidence that defendant committed other acts of domestic violence or elder abuse
(iv) CA ONLY: where court has admitted evidence of victim’s character for violence offered by accused, prosecution may offer evidence that accused has violent character (narrow version of (ii))
Defendant is charged with non-sexual assault
of an elderly woman. He claims self-defense because she attacked him first. Defendant has a long criminal record of violent assaults. During its case in chief, the state offers evidence of this criminal record. Admissible in federal or state
court?
FRE and CA: no, door to defendant’s character is closed when prosecution begins its case-in-chief
Defendant is charged with sexual assault of an elderly woman. He denies committing the assault.
During its case in chief, the state offers evidence that defendant has committed other sexual assaults. Admissible in federal or state court?
FRE: Yes, sexual assault or child molestation
CA: Yes, same reason
Defendant is charged with assaulting his wife, an act of domestic violence. He denies committing the assault. During its case in chief, the prosecution offers evidence defendant previously assaulted
his wife. Admissible in federal or state court?
FRE: No, the door is closed
CA: Admissible through the exception for domestic violence cases or elder abuse cases.
Prosecution for assault. Victim claims that Defendant hit her. Defendant claims Victim hit Defendant first and that Defendant acted in self-defense. Defendant offers evidence that Victim has violent character. May prosecution now offer evidence that Defendant also has violent character?
FRE: yes- admissible b/c defendant offers evidence of victim’s character, prosecution allowed to admit evidence of defendant’s same character trait
CA: Yes, where defendant offers evidence of victim’s VIOLENT character, victim may offer evidence of defendant’s VIOLENT character
Prosecution for theft of diamond ring. Victim claims defendant stole her ring. Defendant claims ownership of the ring and claims it was Victim who stole it and that defendant just took it back. Defendant offers evidence that Victim has character for dishonesty. May prosecution now offer evidence that Defendant has character for dishonesty?
FRE: Yes, admissible b/c defendant offers evidence of victim’s character, prosecution allowed to admit evidence of defendant’s same character trait
CA: Not admissible, the exception in CA is narrower and only applies to violent character evidence
What types of character evidence of defendant are admissible on direct examination under FRE?
Reputation and Opinion, but not specific instances
What types of character evidence of defendant are admissible on cross-examination under FRE?
Reputation, opinion, and specific instances.
What types of character evidence of defendant are admissible on direct examination under CEC?
Opinion and Reputation
What types of character evidence of defendant are admissible on cross-examination under CEC?
Opinion and reputation, NOT SPECIFIC INSTANCES
Prosecution for assault. Defendant calls witness who testifies that, in his
opinion, the defendant is gentle. On cross-exam, prosecutor asks “Did you
know that the defendant kicked his evidence professor?” Admissible under
FRE? The CEC? Prop. 8?
Recognize first, that D opens the door by calling a witness to give opinion character evidence.
FRE: Yes.
CEC: No
Prop 8: no change
What is the rule regarding admissibility of evidence of victim’s character to prove his conduct?
FRE and CEC: Prosecution cannot be the first to offer character to prove conduct
Prop 8: Does not change this
FRE Exception: in a homicide case the prosecution can be the first to offer evidence that a victim had a peaceful character if the defendant alleges the victim attacked first.
What types of character evidence are admissible of victim on direct examination under FRE?
Opinion and Reputation
What types of character evidence of victim are admissible on cross examination under FRE?
Opinion, Reputation, and Specific Instances.
What types of character evidence of victim are admissible on direct, under CEC?
Reputation, opinion, and specific instances
What types of character evidence of victim are admissible on cross, under CEC?
Reputation, opinion, and specific instances
Defendant is charged
with non-sexual assault of an elderly woman. He alleges self-defense, claiming
she attacked him first. During its case in chief, prosecution offers evidence that
the little old lady who is alleged victim has a reputation for being peaceful and
gentle. Admissible under California law? Under federal law? What if this was a
homicide prosecution and defendant testified the elderly woman attacked first?
CEC: Inadmissible
FRE: Inadmissible, unless homicide.
Remember the door remains closed!
Defendant is charged
with non-sexual assault of an elderly woman. He alleges self-defense, claiming
she attacked him first. During its case in chief, prosecution offers evidence that
the little old lady who is alleged victim has a reputation for being peaceful and
gentle. Defense calls witness to testify that the
little old lady is called “Psycho” back at the rest home because she has a
reputation for being violent. Admissible under federal law? California?
FRE: Admissible
CEC: Admissible
Door was opened
Defendant is charged with non-sexual assault of an elderly woman. He alleges self-defense, claiming
she attacked him first. During its case in chief, prosecution offers evidence that the little old lady who is alleged victim has a reputation for being peaceful and gentle. On direct examination defense witness testifies that the victim once attacked her roommate. Admissible under federal law? California?
FRE: Inadmissible
CEC: Admissible
What is the rape shield law?What is the impact of Prop 8?
Limits defense evidence of alleged victim’s character when offered to support defense of consent.
Prop 8 does not apply to evidence barred by this rule.
