Character Evidence CA

Question 1

Character Evidence in Civil Cases

Answer 1

BOTH Federal and California law:
- Character evidence is inadmissible to prove conduct in conformity in civil cases.

Federal Rules Exception: Defendant’s prior acts of sexual assault or child molestation are admissible to prove defendant’s conduct in such a case.

CA: Does not recognize the above exception, and there are no exceptions to the general rule that character evidence is inadmissible to prove conduct in civil cases.

Question 2

Defendant’s Character in Criminal Case

Answer 2

BOTH Federal and California law:
Defendant is permitted to open the door by introducing evidence of their own good character for a pertinent trait, in the form of reputation or opinion testimony. The prosecution can only rebut after the defendant opens the door.

However, there are some situations where the prosecution can be the first to open the door to the defendant’s character trait in a criminal case.

Question 3

When can the Prosecution be the First to Introduce Evidence of the Defendant’s Character in a Criminal Case?

Answer 3

In a sexual assault of child molestation case (Both Federal and CA). NOTE: California does not recognize this exception in civil cases, they do recognize it in criminal cases.

Domestic violence or elder abuse case (CA ONLY)

Introducing evidence of the victim’s character:
FEDERAL: Prosecution may rebut that the defendant has a bad character for the same trait
CA: If evidence of the victim’s character for violence is introduced, the prosecution may rebut by offering evidence that the defendant has a violent character (narrower than Federal Rules)

Question 4

What can the Prosecution do if the defendant introduces evidence of their own good character in the form of reputation and opinion testimony?

Answer 4

Can cross-examine the defendant’s character witness about the defendant’s specific instances of conduct to impeach.

Question 5

Evidence of Victim’s Character in a Criminal Case

Answer 5

Prosecution cannot be the first to offer evidence of the victim’s character to prove the victim’s conduct

The defendant can introduce evidence of the victim’s character for a pertinent trait to prove the victim’s conduct.

FEDERAL: If the defendant offers any sort of evidence that the victim attacked first in a homicide case, the door is open for the prosecution to offer reputation or opinion evidence that the victim had a peaceful character.

CA does not have an equivalent rule.

Question 6

When Can Specific Instances of Victim’s Conduct be Used?

Answer 6

The defendant can initiate evidence of the victim’s character to prove the victim’s conduct, thus opening the door to rebuttal from the prosecution. WHAT FORM?

FEDERAL: Defendant can introduce evidence of the victim’s character in the form of reputation or opinion. Then the prosecution can introduce reputation and opinion evidence of the victim’s character to prove the victim’s conduct. The prosecution can also cross-examine the defendant’s character witness about specific instances of the victim’s conduct, but only to impeach.

CA: Specific acts are admissible to prove the victim’s character on both direct and cross-examination. Once the door has been opened, the prosecution can rebut with evidence in the form of reputation, opinion, and specific instances of conduct.