Evidence: Character and Crimes

Question 1

character evidence

CIVIL: admissibility of past sexual misconduct

Answer 1

of D: for any relevant matter
of victim: if reverse 403

Question 2

character evidence

CRIMINAL: admissibility of past sexual misconduct

Answer 2

of D: for any relevant matter
of victim: to prove consent, to explain physical evidence

Question 3

character evidence

CRIMINAL: admissibility of character

Answer 3

of D: to show character inconsistent with crime charged
–> P can rebut
of victim: to attack pertinent character
–> P can rebut with victim’s good character of D’s bad character

Question 4

character evidence

CIVIL: admissibility of character

Answer 4

never unless character is an issue in the case (e.g., negligent entrustment, defamation, fraud)

Question 5

impeachment for untruthfulness

criminal arrest

Answer 5

inadmissible

Question 6

impeachment for untruthfulness

conviction from crime involving dishonesty

Answer 6

admissible

Question 7

impeachment for untruthfulness

non-honesty conviction over ten years old

Answer 7

admissible if notice to the other side + reverse 403 (probative substantially outweighs prejudicial)

Question 8

impeachment for untruthfulness

criminal defendant’s non-honesty conviction under ten years old

Answer 8

admissible if weak reverse 403 (probative outweighs prejudicial)

Question 9

impeachment for untruthfulness

witness’s non-honesty conviction under ten years old

Answer 9

admissible unless regular 403 (prejudicial substantially outweighs probative)