Character Evidence COPY

Question 1

Character-Propensity Rule

Answer 1

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with that character trait.

Inadmissible Character Evidence:

(1) Evidence of character
(2) To prove
(3) Person acted in accordance to character

NOTE: No extrinsic evidence (except on cross)

Question 2

Character Evidence

Admissible Uses

Answer 2

(1) Once Defendant “Opens the Door” to Character Evidence
(2) Prosecutor in a Homicide Case: Victim’s Trait of Peacefulness
(3) MIAMI KOPP
(4) Evidence of Habit
(5) Prior Crimes, Wrongs, & Acts

Question 3

Character Evidence

Defendant “Opens the Door”

Answer 3

Defendant offers either Defendant’s or Victim’s pertinent trait.

Defendant’s trait → Prosecution may rebut

Victim’s trait → Prosecution may rebut and offer defendant’s same trait

Question 4

Character Evidence

Prosecutor in a Homicide Case

Answer 4

(1) Homicide case;
(2) Defendant claims Victim was first aggressor; and
(3) Prosecutor may rebut with Victim’s peaceful character.

Question 5

Character Evidence

MIAMI KOPP

Answer 5

Motive

Intent

Absence of

Mistake or Accident

Identity

Knowledge

Opportunity

Preparation

Plan

Question 6

Character Evidence to Prove Identity

Answer 6

May be used to prove person’s:

(1) Presence at scene of crime (not character evidence); or
(2) M.O. (consider higher risk of unfair prejudice)

Question 7

Character Evidence to Prove Knowledge

Answer 7

May be used to prove:

(1) Defendant has sophisticated “know-how;“ and
(2) It is not likely anyone else has same “know-how”

Question 8

Evidence of Habit

Answer 8

Not character evidence

Must be:

(1) Repetitive;
(2) Predictable; and
(3) Predictive.

Question 9

Character Evidence

Prior Crimes, Wrongs, & Acts

Answer 9

Inadmissible as character evidence, but admissible when:

(1) Reverse 404(b)
(2) Narrative Integrity
(3) Doctrine of Chances; and
(4) Similar Acts/Huddleston

Question 10

Reverse 404(b) Evidence

Answer 10

(1) Offered by Defendant; and
(2) To exonerate defendant

Question 11

Narrative Integrity

Answer 11

“Inextricably Intertwined”

(1) Prior act is basis for current charge; or
(2) Necessary for coherent narrative

Question 12

Doctrine of Chances

Answer 12

(1) Multiple prior incidents; and
(2) Too similar or rare to be chance

Question 13

Similar Acts

(Huddleston Standard)

Answer 13

Similar act(s) → Court must decide Jury-POE

Question 14

Character Evidence

Proving Character

Answer 14

(1) by Reputation or Opinion
(2) by Specific Instances of Conduct

Question 15

Proving Character by Reputation or Opinion

Answer 15

Defendant “opens door” → Prosecution may offer character witnesses

Character Witness limited to reputation or opinion evidence

Question 16

Proving Character by Specific Instances of Conduct

Answer 16

Person’s character trait is an essential element → Permitted to use Specific Instances of Conduct only to prove existence of trait

NOTE: On cross-examination, a witness may be asked if they are aware of specific instances of conduct (but are “stuck with answer”).

Question 17

Character Evidence

Past Sexual Misconduct

Answer 17

(1) Sexual assault or child molestation case;
(2) There is evidence of past sexual misconduct
(3) Evidence is relevant → 403 balancing test
(4) + 15 day disclosure requirement for prosecution