Evidence- Character

Question 1

What are admissible purposes for offering character evidence?

Answer 1

It is NOT generally admissible, except when:

• person’s character is a material element in the case
• prove conduct in conformity with character (not always admissible)
• witnesses bad character to impeach credibility

Question 2

In a criminal case, can prosecutor issue character evidence to show conduct in conformity with character?

Answer 2

Not during his case-in-chief.

BUT, D may introduce evidence of a relevant character trait (but not instances of specific conduct), thereby opening the door to rebuttal by prosecution.

Question 3

In a criminal case where D has opened the door for character evidence, how may prosecutor rebut the character evidence put on by D?

Answer 3

(1) cross-examining D’s character witnesses
- must be “Have you heard” or “Did you know” questions with specific acts that call into question D’s character (trying to impeach witness’s credibility); OR
(2) by calling its own reputation/opinion witnesses to contradict D’s.

Question 4

If character evidence is brought into a criminal trial, what must the reputation/opinion be limited to on both sides?

Answer 4

Only relevant character traits to the charged crime.

E.g. if charged with embezzlement, relevant character trait is something like honesty, not peacefulness. If murder, peacefulness is relevant and not honesty.

Question 5

In criminal cases, can D introduce evidence of victim’s violent character to prove victim’s conduct in conformity to being the aggressor?

Answer 5

yes, but only if it related to victim’s propensity for violence/anger

Question 6

Once D has introduced evidence of victim’s violent character, what can prosecutor rebut with?

Answer 6

Opinion/reputation testimony (not specific instances) of:

(a) victim’s good character for peacefulness; and/or
(b) D’s bad character for violence/anger

Question 7

Can D’s awareness of victim’s violent reputation or victim’s prior specific acts of violence be admitted?

Answer 7

yes, to show D’s state of mind- that he acted reasonably in responding as he did to the victim’s aggression

Question 8

Is character evidence in civil cases admissible?

Answer 8

Generally no to show conduct in conformity.

However, it is admissible when character directly at issue as an essential element of a claim or defense:
negligent hiring or entrustment, defamation, child custody

Question 9

In criminal cases, are D’s other crimes/bad acts admissible?

Answer 9

Not just for character purposes.

BUT, if D’s other crimes/bad acts show something specific about the crime charged (independently relevant conduct) and that specific thing is at issue, evidence may be admissible

(M)otive
(I)ntent
(M)istake or Accident- absence of)
(I)dentity
(C)ommon Scheme or Plan

• this is independently relevant conduct

Question 10

What is the method of proof for independently relevant conduct (see above)?

Answer 10

A reasonable juror could conclude that it happened (e.g. either conviction or some other evidence)

Question 11

Is prior sexual misconduct by D admissible to show propensity in criminal or civil sex-crime cases?

Answer 11

In sexual assualt/molestation cases, prior sexual misconduct is admissible in prosecutor’s case in chief or P for any purpose (including character)

Question 12

In a criminal case, what can a character witness do?

Answer 12

testify as to the defendant’s good reputation or the witness’s own opinion of the character trait at issue

Question 13

In a civil or criminal case, is a rape victim’s past sexual behavior admissible?

Answer 13

Nope, you cannot introduce evidence of a rape victim’s past sexual behavior, BUT you can use past sexual behavior to show:

(a) criminal case: that semen or physical injury was from another sexual encounter or specific instances of sexual behavior betwen the parties are admissible to show consent
(b) civil case: if probative value is substantially outweighed by danger of harm to the victim or the victim puts sexual reputation at issue