Evidence Hypo Notes - WIP

Question 1

In what situation may the prosecution introduce evidence of the D’s bad character to establish that she probably committed the crime charged?

Answer 1

Where the D first introduces evidence of her good character.

Question 2

How may a witness testify as to a Defendant’s good character?

Answer 2

May give his personal opinion concerning the trait of the Defendant or the Defendant’s good reputation, but MAY NOT testify as to specific acts of conduct of the Defendant to prove the trait in issue.

Question 3

If a defendant in a criminal case presents evidence of his own good character for a particular trait, what are permissible methods of rebutting this evidence?

Answer 3

By calling qualified witnesses to testify to the defendant’s bad reputation for the particular trait involved.

The witness may also testify as to his own personal opinion regarding the trait at issue of the defendant.\

However, introducing evidence of specific acts by the defendant is not allowed.

Question 4

A character witness testifies regarding the defendant’s good character for peacefulness. The prosecution may rebut this evidence by:

Answer 4

Asking “Did you know?” or “Have you heard?” of specific instances of misconduct by the defendant. This tests the witness’s basis for knowledge or opinion of the D’s reputation that he has testified about.

Question 5

Character evidence is admissible in a civil case if __________.

Answer 5

Character is directly in issue.

Question 6

What kinds of claims automatically put character directly at issue?

Answer 6

Negligent hiring,