Character Evidence (Writing Template)

Question 1

Character Evidence

Answer 1

Character evidence describes a person’s disposition. Character evidence may be offered as substantive evidence to 1) prove character when it is the ULTIMATE ISSUE in the case, or 2) to serve as circumstantial evidence of how a person probably acted. Here,

Question 2

Character Evidence - Civil Case

Answer 2

In a civil case, character evidence is admissible if character is AT ISSUE in the case, e.g. defamation, fraud, tort battery (violence defense) etc. Under the FRE, character evidence is also allowed for claims based on sexual assault or child molestation, but under CA rules this is not an exception. Here…

Question 3

Character Evidence - Criminal Case

Answer 3

In a criminal case, the prosecution cannot initiate evidence of a defendant’s bad character merely to show that the D was more likely to commit the crime charged unless the D first puts his character in issue. However, extrinsic evidence of other crimes or misconduct is admissible if independently relevant to some issue other than the D’s character. Here,

(ONLY reputation and opinion evidence allowed)

Once a D opens the door by introducing character evidence, the prosecution may rebut it by 1) cross examining the character witness, asking the witness about specific instances, or 2) calling qualified rebuttal witnesses to testify to the D’s bad reputation or their opinion on his character.

Question 4

Victim Character Evidence

Answer 4

Except in rape cases, the D may introduce reputation or opinion evidence of the victim’s bad character when it is relevant to show the D’s innocence. Here,

In CA, D may also use specific acts to prove the victim’s character. Here,

Once D has introduced this evidence, the prosecution may counter with reputation or opinion evidence of 1) victim’s good character or 2) the D’s bad character for the same trait. Here,

Question 5

Specific Acts (MIMIC)

Answer 5

Evidence of a person’s prior crimes or misconduct can be admissible if they are relevant to some issue other than the defendant’s character or disposition to commit crime. Therefore, the following evidence is admissible as an exception to character evidence: Motive, Intent, Absence of Mistake, Identity, Knowledge, Opportunity, Preparation, Plan, and Scheme. Here…

Question 6

MIMIC

Answer 6

Motive, Intent, Mistake (absence of or accident), Identity, Common Scheme or plan.

Question 7

Prior Sexual Assault

Answer 7

Evidence of a D’s prior acts of sexual assault or child molestation is admissible in a case where the D is accused of committing an act of sexual assault or child molestation. Here,

Question 8

Habit

Answer 8

Evidence of a person’s habits are admissible to prove the likelihood of a person’s conduct on a particular occasion. As opposed to character evidence about a person’s general disposition, habit evidence focuses on a person’s frequent and repetitive conduct. Such conduct in a business setting is called Routine Practice. Here…