Evidence - character evidence

Question 1

character evidence - defined

Answer 1

generalized information about a person’s behavior - typically inadmissible

Question 2

admissibility of character evidence in civil cases

Answer 2

a- to prove a person acted in accordance w/ that character or trait on a particular occasion - INADMISSIBLE
b- when character is essential element of claim/defense instead of proving a person’s conduct - ADMISSIBLE

Question 3

admissibility of character evidence for DEFENDANT in criminal cases

Answer 3

a- by prosecution to introduce evidence of D’s bad character to prove D has a propensity to commit crimes similar to one at issue - INADMISSIBLE
b- by defense to introduce evidence of D’s good character as being inconsistent w/ crime at issue - ADMISSIBLE IF pertinent to crime at issue and may only be by reputation / opinion testimony

Question 4

admissibility of character evidence for VICTIM in criminal cases

Answer 4

a- by defense - ONLY reputation / opinion evidence when relevant to an asserted defense - evidence of victim’s sexual conduct is VERY limited
b- by prosecution as evidence of victim’s good character to rebut evidence of victim’s bad character introduced by defense
b1- may introduce evidence of victim’s trait for peacefulness in homicide case to rebut evidence that homicide victim was first aggressor

Question 5

methods of proving character

Answer 5

testimony about person’s reputation or witness opinion
VA distinction - ONLY permits reputation testimony and not opinion UNLESS character trait is an essential element of a charge, claim, or defense, THEN specific instances of conduct are admissible
+ criminal defendant’s are not limited to reputation evidence to prove truthfulness but offer evidence to prove good character for any relevant trait

Question 6

admissibility of character evidence to impeach witness testimony

Answer 6

admissible to impeach witness testimony

Question 7

exception to rule prohibiting admission of criminal defendant’s prior bad acts for purposes other than to show character

Answer 7

admissible to prove the following provided it is not admitted prove D’s propensity to commit crime at issue
M - motive
I - intent
M - absence of Mistake
I - identity
C - common plan or scheme
prosecution must give notice before trial AND at D’s request, prosecution must provide reasonable notice of the general nature of MIMIC evidence prosecution intends to offer

Question 8

limited exception of when prior bad acts may be admitted to show character

Answer 8

civil - when character is an essential element - may also prove w/ reputation / opinion testimony
criminal - only D may introduce specific acts inconsistent with element of crime at issue when character is an essential element of the crime
VA distinction - in prosecution alleging personal injury or death or attempt thereof, prior acts are admissible to show relevant evidence

Question 9

habit evidence - defined

Answer 9

evidence of a person’s particular reaction to a specific set of circumstances

Question 10

admissibility of habit evidence

Answer 10

admissible to prove a person acted in accordance with habit on a particular occasion w/ out eye witness or corroboration