Character Evidence (Module 4) Flashcards
Character Evidence Admissibility
Can be used as substantive evidence (to prove a fact at issue in case) for:
1) rare situation person’s character is directly at issue
2) “propensity” purposes (only in a few circumstances)
3) to impeach a witness by showing D’s bad character for truthfulness
Generally cannot use in civil cases, only if character is at issue
Methods of Proving Character
1) specific acts
2) opinion testimony by someone who knows them
3) general reputation in community
Defendant’s Character in a Criminal Case
- Prosecution can’t initiate but if D shows evidence of their good character then prosecution can rebut with evidence of bad character for that same trait
- Character witness for D can testify to D’s “good reputation” for a “pertinent trait” and give their personal opinion on D’s having that trait
Prosecution Options After Criminal D has Opened Door for Character Evidence
1) CROSS-EXAM
- Once D’s opened the door, prosec can cross-exam D’s witness by asking “did you know” q’s about “specific acts” by Defendant
- May NOT bring in extrinsic evidence of those specific acts
- point is to show lack of W’s knowledge, not prove D’s bad character
2) CALL OWN WITNESS
- can call own character witness to provide rep/opinion testimony about D’s bad character for the trait in question
Evidence of Victim’s Character in a Criminal Case
D can intro rep/opinion (not specific act) of V’s bad character trait when it is relevant to proving D’s innocence; most relevant in self-defense cases
Prosecution can rebut with rep/opinion (not specific act) of EITHER V’s good character for the same trait OR D’s bad character for the same trait
HOMICIDE CASES
- In response to D saying V was first aggressor, prosec can use ANY kind of evidence to show V had a character of peacefulness
Rape Victims Past Behavior
Generally inadmissible
Exceptions in Criminal Case
- to prove someone other than D is the source of the physical evidence
- past conduct between D and V to show consent
Exceptions in Civil cases
- evidence of V’s sexual behavior only allowed if probative value substantially outweighs danger of harm (reverse 403)
Character Evidence in Civil Cases
Generally inadmissible
Admissible only when character is an essential element of the claim/defense; can use rep, opinion, or specific acts, but limited to these types of cases:
1) defamation
2) negligent hiring/entrustment (hired person’s character at issue)
3) child custody cases
Evidence of D’s Other Crimes, Wrongs, or Acts
Not admissible for propensity, but is admissible to show MIMIC
M - motive
I - intent
M - mistake
I - identity (modus operandi; needs to be very distinctive so that it operates as their “signature”)
C - common scheme/plan
Only be used if D is contesting one of those things (ex. didn’t have motive to do it)
Can be used as case-in-chief
Requirements for Admissibility of MIMIC Evidence
1) sufficient evidence (any kind) to support a jury finding that D committed the past misconduct
2) 403 balancing (probative value can’t be substantially outweighed by danger of)
3) in criminal cases, prosecution must give proper notice:
a. in writing
b. before trial
c. non-propensity purpose for info and reasoning
Evidence of D’s Similar Conduct in Sex Crime Cases
Evidence of past sexual assault or child molestation is admissible for any purpose (including propensity) in civil or criminal case; must disclose to D 15 days before trial
They don’t have to have been convicted/arrested of the past sexual misconduct for it to be used as substantive evidence
