Character Evidence: propensity generally Flashcards
CEC 1100 character evidence generally
1100a) can’t use character to show that on a particular occasion they acted in accordance w/ that character or trait
1100b) includes crimes wrongs or other acts
CEC 1101 evidence of specific acts (not abrogated)
b) CAN use evidence of crimes wrongs or other acts for PINKO IMP or if character is directly in issue
libel, entrapment, child custody
CEC 1102 opinion and reputation of crim D to prove conduct (pros may attempt to argue abrogated but not)
crim D’s character or trait in form of OPINION or REPUTATION admissible if D offers good evidence first -> can then be rebutted by pros. w/ opinion or rep
CEC 1108 sexual offense by D
in crim sexual offense case, can offer evidence that D committed other sexual offenses
may consider other charged offenses as propensity at current trial
CEC 1109 abuse by D
in elder/dependent/child/domestic abuse crim case, can offer evidence that D committed other ____ act
CEC 1103 rape shield
1103a) can offer char. of victim (rep/opinion/instance) if D offers to prove victim acted in accordance w/ it; pros can offer AFTER to REBUT above
1103b) crim case, if D offers evidence that victim had character for violence then pros can offer evidence that D has violent char. and acted in accordance w/ it
1103c) except if it took place in a detention facility, opinion/rep/instances of C/Ws sexual conduct is not admissible by D to prove consent but CAN be admitted if its sexual conduct with D
If pros introduces any evidence pertaining to C/W sexual conduct, D can cross-x the witness and offer relevant evidence limited to the rebuttal
CEC 1106
in CIVIL sex cases, D can’t offer any char evidence of Ps sexual conduct to prove consent (except w/ alleged perp) unless concerns loss of consortium
if P offers evidence of own sexual conduct, D can cross-x witness and offer relevant evidence limited to rebuttal
