Relevance: Character Evidence

Question 1

When is character evidence admissible?

Answer 1

Character evidence may be offered as substantive, rather than impeachment, evidence to: (1) prove character when it is the ultimate issue in the case, or (2) serve as circumstantial evidence of how a person probably acted. (#2 more heavily tested)

Question 2

In what forms can character evidence be offered?

Answer 2

Evidence of specific acts,
Opinion testimony of a witness who knows the person, and
Testimony as to the person’s general reputation in the community.

Question 3

In KS, what other kind of evidence can be offered for character?

Answer 3

Prior convictions.

Question 4

In what cases is character evidence generally INADMISSIBLE?

Answer 4

Civil cases.

Question 5

In KS, what cases is character evidence generally INADMISSIBLE?

Answer 5

None. Unlike Fed’l Rules, KS rules allow character evidence to be admitted in civil cases as well as criminal cases, to prove conduct in accordance with character.

EXCEPTION: when the trait is for care or skill and is offered to prove that the person was not negligent on the occasion subject to litigation.

Question 6

In a criminal case, who may offer evidence of bad or good character of a criminal defendant?

Answer 6

Prosecution cannot initiated evidence merely to show that she is more likely to have committed the crime (may show prior misconduct for reasons OTHER than propensity).

The ∆ may introduce evidence of her good character to show her innocence of the alleged crime.

Question 7

How does a ∆ prove character?

Answer 7

A witness for the ∆ may testify as to the ∆’s good REPUTATION for the trait and may give OPINION concerning the trait of the ∆

Question 8

How does the prosecution rebut ∆’s character evidence?

Answer 8

Once the ∆ opens the door, the prosecution may rebut by:

1. Cross-examining the character witness regarding the basis for his testimony, including whether he knows or has heard of SPECIFIC INSTANCES of the ∆’s misconduct.
2. Calling qualified witnesses to testify to the defendant’s bad reputation or give their opinions of the ∆’s character.

Question 9

While cross-examining the ∆’s character witness, what may the prosecution inquire about?

Answer 9

Any misconduct, including prior arrests. HOWEVER, the prosecution MAY NOT introduce extrinsic evidence of the misconduct.

Question 10

T or F: asking a character witness whether he is aware of the ∆’s prior arrests is IMPROPER

Answer 10

False. This is proper.

Question 11

T or F: asking a character witness about his or her own arrests is PROPER.

Answer 11

False. This is improper.

Question 12

Can the ∆ in a criminal case introduce evidence of a victim’s character?

Answer 12

Yes. Except in rape cases, the ∆ may introduce reputation or opinion evidence of a bad character trait of the crime victim when it is relevant to show the ∆’s innocence.

Question 13

Once the ∆ introduces evidence of a victim’s bad character, the prosecution may counter with what?

Answer 13

Reputation or opinion evidence of (1) the victim’s good character for the same trait or (2) the ∆’s bad character for the same trait.

Question 14

In KS, prosecution may rebut the ∆’s bad character evidence of the victim only with what?

Answer 14

Victim’s good character for the same trait. The prosecution may NOT rebut with evidence of the ∆’s bad character for the same trait.

Question 15

Rape victim’s past behavior is…?

Answer 15

Evidence of the sexual behavior or sexual disposition of the victim is generally INADMISSIBLE in any civil or criminal proceeding involving alleged sexual misconduct.

Question 16

Rape victim’s past behavior exception for criminal cases.

Answer 16

Specific instances of a victim’s sexual behavior are admissible to prove that someone other than the ∆ is the source of semen, injury, or other physical evidence.
Specific instances of sexual behavior between the victim and the accused are admissible by the prosecution for any reason and by the defense to prove consent.

Question 17

Rape victim’s past behavior exception for civil cases.

Answer 17

Evidence of the alleged victim’s sexual behavior is admissible if it is not excluded by any other rule and its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party. Reputation is admissible ONLY if it has been placed in controversy by the victim.

Question 18

In KS, rape-shield law applies to…

Answer 18

Sex-related criminal cases only. ∆ may NOT introduce evidence of the victim’s previous sexual conduct unless he establishes by WRITTEN MOTION that the evidence is relevant.

Question 19

In KS, if the victim testifies about her previous sexual conduct on direct examination, what may the ∆ do?

Answer 19

The ∆ may cross-examine the victim or offer relevant evidence limited specifically to the rebuttal of such evidence or testimony.

Question 20

In homicide cases, when may a defendant introduce character evidence of the victim?

Answer 20

When the ∆ pleads self-defense, evidence of any kind that the victim was the first aggressor, opens the door to evidence that the victim had goo character for PEACEFULNESS. This evidence can be introduced regardless of whether the ∆ introduced character evidence of the victim’s generally violent propensity.

Question 21

Specific acts of misconduct are INADMISSIBLE if …

Answer 21

offered solely to establish a criminal disposition or bad character.

Question 22

When are specific acts of misconduct ADMISSIBLE?

Answer 22

Evidence of other crimes/misconduct is admissible if these acts are relevant to some issue other than the ∆’s character or disposition to commit the crime or act charged.

Question 23

What other issues may specific acts of misconduct be ADMISSIBLE to show?

Answer 23

Motive, intent, absence of mistake, identity, common plan or scheme (MIMIC)

Question 24

What must a prosecution do prior to the trial if they intend to introduce this evidence?

Answer 24

Provide reasonable notice prior to trial of the general nature of this type of evidence it intends to produce.

Question 25

Specific Acts: Requirements for Admissibility

Answer 25

There must be sufficient evidence to support a jury finding that the ∆ committed the prior act AND its probative value must not be substantially outweighed by the danger of unfair prejudice (judge has discretion)

Question 26

In KS, is gang membership admissible? Why?

Answer 26

Yes. KS courts have repeatedly held that being a gang member does not, on its own, constitute a crime or civil wrong. Evidence of gang membership is generally ADMISSIBLE if relevant.

Question 27

In KS, what’s the procedure for introducing independently relevant prior-act evidence?

Answer 27

To avoid error, the CT must give the jury a limiting instruction that explains the specific purpose for admission.

Question 28

In KS, when is drug use and addiction allowed to establish motive?

Answer 28

Yes. When committing robbery. It indicates that there was a substantial connection between the financial need and the necessity to purchase drugs.

Question 29

In KS, in behavioral profiling admissible at trial?

Answer 29

Not to establish a ∆ is guilty because he falls within the profile. This kind of evidence is inadmissible to establish guilt because it did not help the jury in determining whether the ∆ committed the crimes charged.

Question 30

Prior acts of sexual assault or child molestation - what evidence is admissible against the ∆?

Answer 30

Evidence of a ∆’s prior acts of sexual assault or child molestation is admissible in a case where the ∆ is accused of committing an act of sexual assault or child molestation.

Question 31

When must the party intending to offer the evidence disclose to the ∆ that they are going to use the evidence?

Answer 31

15 days before trial (or later with good cause)

Question 32

In KS, what evidence is admissible against ∆ regarding prior acts of sexual assault or child molestation?

Answer 32

In KS, the prior act is admissible in CERTAIN SEX-RELATED criminal cases and may be considered for its bearing on any matter to which it is relevant and probative.

Question 33

In KS: T or F: for prior bad act of sexual assault or child molestation requires a limiting instruction?

Answer 33

False. Not required (although it is for other prior act evidence)