Character Evidence: Criminal Cases Flashcards
When Can Plaintiff Attack Defendant’s Character Without Defendant Opening Door?
Cases involving sexual assault or child molestation.
If Court has admitted evidence of victim’s character offered by defendant, prosecution can offer evidence defendant has same character traits.
Once Defendant Has Opened Door To His Character
Prosecution may offer pertinent character evidence to rebut
Ways to attack Character
On Direct: reputation and opinion by any party.
On Cross: Opinion, Reputation, Specific Instances
Admissibility of Victim’s Character
Prosecution cannot be first to offer.
Door opens when defendant offers evidence of victim’s character OR defendant offers evidence victim attacked first, prosecution can offer evidence of victim’s character for peacefulness
FRE: victim attacked first ONLY IN HOMICIDE CASES
Both Defendant’s and Victim’s are eligible or attack if
Court admits evidence of victim’s character evidence by defendant, prosecution can offer evidence of defendant’s violent character
OREGON; This exception does not apply.
Rape Shield
Special rule in criminal/civil cases involving rape or other sexual assault, that limits defense evidence of alleging victim’s character when offered to prove consent.
Rape Shield: Criminal
Cannot use opinion or reputation evidence.
Can use specific instances to show: third party source of semen or injury OR prior acts of consensual intercourse between victim and defendant.
Rape Shield: Civil
Can use opinion, reputation or specific instances, as long as probative value is not outweighed by prejudicial effect.
Can only use reputation evidence if victim puts reputation at issue.
Specific Instances of Defendant’s Bad Conduct
May be admitted to prove anything other than conduct.
MIMIC: Motive, Identity, Absence of Mistake, Intent, Common Scheme or Plan
