I. RELEVANCE D. Character Evidence****** Flashcards
definition
Character evidence refers to a person’s general propensity or disposition, e.g., honesty, fairness, peacefulness, or violence.
Potential purposes for the admissibility of character evidence:
(1) Person’s character is a MATERIAL ELEMENT IN THE CASE.
(2) Character evidence to prove CONDUCT IN CONFORMITY WITH CHARACTER at the time of the litigated event, a/k/a character as circumstantial evidence of conduct on a particular occasion.
(3) Witness’s bad character for truthfulness to IMPEACH CREDIBILITY.
- Criminal Cases.
(a) Defendant’s Character.
Overview: Evidence of the defendant’s character to prove conduct in conformity is NOT ADMISSIBLE DURING THE PROSECUTION’S CASE-IN-CHIEF.
However, DEFENDANT, during the defense, MAY INTRODUCE EVIDENCE OF A RELEVANT CHARACTER TRAIT (by reputation or opinion testimony of a character witness) to prove conduct in conformity, thereby OPENING THE DOOR TO REBUTTAL by the prosecution.
- Criminal Cases.
(a) Defendant’s Character.
show character trait as element of crime
character trait is never an element of a crime
trait need to be relevant:
for murder: peaceful
for theif: honest
lawbiding is ok generally
- Criminal Cases.
(a) Defendant’s Character.
When character evidence is admissible through a character witness to prove conduct in conformity, the only proper methods are:
1, reputation
2, opinion
no specifc of instances in a certain circumstances to show in conformity with certain trait
trait need to be relevant:
for murder: peaceful
for theif: honest
lawbiding is ok generally
- Criminal Cases.
(b) Prosecution’s Rebuttal
IF defendant has “opened the door” by calling character witnesses, the prosecution may rebut:
what if witness denied
no specifc of instances in a certain circumstances to show in conformity with certain trait , why here can ask the detail example?
(1) by cross-examining defendant’s character witnesses with “Have you heard” or “Did you know” questions about specific acts of the defendant that reflect adversely on the particular character trait that defendant has introduced (prosecution must have good faith basis for the question); purpose: to impeach character witness’s knowledge; and/or
- if witness denied, prosecutor can’t prove that they actually occurred
- here the detail example not under “no specifc of instances in a certain circumstances” because it is used to show the witness’s lack of knowledge
(2) by calling its own reputation or opinion witnesses to contradict defendant’s witnesses. (either way it is harmful)
- Criminal Cases.
(c) Victim’s Character—Self-Defense Case
Proper method
Prosecution rebuttal
TX?
specifc of instances of violence?
Criminal defendant may introduce evidence of victim’s violent character to prove victim’s conduct in conformity, i.e., as circumstantial evidence that the victim was the first aggressor.
Proper method: character witness may testify to victim’s reputation for violence and may give opinion.
Prosecution rebuttal: evidence of victim’s good character (with reputation or opinion). In addition, under Federal rules only, prosecution may prove defendant’s character for violence.
Under Texas rules, rebuttal is limited to evidence of victim’s good character.
***no specifc of instances in a certain circumstances to show in conformity with certain trait
- Criminal Cases.
(c) Victim’s Character—Self-Defense Case
What if D. offers evidence that, at the time of the altercation with victim, he was aware of her prior knife attack on witness?
Separate rule of relevance: If the defendant, at the time of the alleged self- defense, was aware of the victim’s violent reputation or prior specific acts of violence, such awareness may be proven to show the defendant’s state of mind— fear—to help prove that he acted reasonably in responding as he did to the victim’s aggression.
- Criminal Cases.
(d) Victim’s Character—Sexual Misconduct Case
?evidence about the victim is ordinarily inadmissible
Under Federal “rape shield law”, in both criminal and civil cases, where defendant is alleged to have engaged in sexual misconduct, the following evidence about the victim is ordinarily inadmissible:
opinion or reputation evidence about the victim’s sexual propensity, or
evidence of specific sexual behavior of the victim
- Criminal Cases.
(d) Victim’s Character—Sexual Misconduct Case
exceptions
TX
Exceptions:
(1) specific sexual behavior of the victim to prove that someone other than the defendant was the source of semen or injury to the victim;
(2) victim’s sexual activity with the defendant if the defense of consent is asserted; or
(3) where exclusion would violate defendant’s right of due process.
NOTE: Texas rape shield law applies only in criminal cases.
- Civil Cases
(a) Character evidence generally INADMISSIBLE to prove CONDUCT IN CONFORMITY.
generally no character evidence in civil case
- Civil Cases
(a) Character evidence generally INADMISSIBLE to prove CONDUCT IN CONFORMITY.
Character evidence in a civil case based on criminal conduct
federal vs. TX
Nicole’s estate sues OJ for wrongful death damages, alleging that OJ intentionally killed Nicole.During the defense, may OJ properly introduce evidence of his peaceful character?
Federal rule: no; still civil case even civil case based on criminal conduct
Texas civil rule:
Civil defendant accused of conduct involving ____Moral Turpitude_____ may introduce evidence of his good character (reputation or opinion testimony).
Moral Turpitude is a crime involving “grave infringement” of community sentiment
Examples of MT =dishonesty, violence, sexual conduct, simple assault with man punching women
examples of non-MT: DWI, ganbling, public intoxication, simple assualt men punching men
- Civil Cases
(a) Character evidence generally INADMISSIBLE to prove CONDUCT IN CONFORMITY.
federal vs. TX
In the wrongful death action against OJ, he defends on the ground of self-defense. May OJ properly introduce evidence of Nicole’s violent character to prove that she was the first aggressor?
Federal rule: no; civil case
Texas civil rule:
Civil defendant accused of assaultive conduct may prove victim’s violent character (reputation or opinion testimony) to suggest victim was first aggressor.
- Civil Cases
(b) Evidence of person’s character is ADMISSIBLE in civil action where such character is an ESSENTIAL ELEMENT OF A CLAIM OR DEFENSE (provable by reputation, opinion, and specific acts). Only 2 situations:
1, negligent hiring and entrustment cases; the character of the person hired
-P may introduce the testimony of character witnesses that Charlie had a reputation for being a careless driver, and they have a low opinion of Charlie’s care in driving. P may also prove that Charlie had been involved in three prior accidents. admissible as direct evidence
2, defamation cases where truth is a defense
-Newspaper may introduce reputation, opinion and specific-act evidence about P’s dishonesty; and P may use the same type of evidence to show P’s honesty.
