Relevance: Character Evidence Flashcards
When is character evidence admissible?
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)
In what forms can character evidence be offered?
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.
In KS, what other kind of evidence can be offered for character?
Prior convictions.
In what cases is character evidence generally INADMISSIBLE?
Civil cases.
In KS, what cases is character evidence generally INADMISSIBLE?
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.
In a criminal case, who may offer evidence of bad or good character of a criminal defendant?
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.
How does a ∆ prove character?
A witness for the ∆ may testify as to the ∆’s good REPUTATION for the trait and may give OPINION concerning the trait of the ∆
How does the prosecution rebut ∆’s character evidence?
Once the ∆ opens the door, the prosecution may rebut by:
- 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.
- Calling qualified witnesses to testify to the defendant’s bad reputation or give their opinions of the ∆’s character.
While cross-examining the ∆’s character witness, what may the prosecution inquire about?
Any misconduct, including prior arrests. HOWEVER, the prosecution MAY NOT introduce extrinsic evidence of the misconduct.
T or F: asking a character witness whether he is aware of the ∆’s prior arrests is IMPROPER
False. This is proper.
T or F: asking a character witness about his or her own arrests is PROPER.
False. This is improper.
Can the ∆ in a criminal case introduce evidence of a victim’s character?
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.
Once the ∆ introduces evidence of a victim’s bad character, the prosecution may counter with what?
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.
In KS, prosecution may rebut the ∆’s bad character evidence of the victim only with what?
Victim’s good character for the same trait. The prosecution may NOT rebut with evidence of the ∆’s bad character for the same trait.
Rape victim’s past behavior is…?
Evidence of the sexual behavior or sexual disposition of the victim is generally INADMISSIBLE in any civil or criminal proceeding involving alleged sexual misconduct.
Rape victim’s past behavior exception for criminal cases.
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.
Rape victim’s past behavior exception for civil cases.
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.
In KS, rape-shield law applies to…
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.
In KS, if the victim testifies about her previous sexual conduct on direct examination, what may the ∆ do?
The ∆ may cross-examine the victim or offer relevant evidence limited specifically to the rebuttal of such evidence or testimony.
In homicide cases, when may a defendant introduce character evidence of the victim?
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.
Specific acts of misconduct are INADMISSIBLE if …
offered solely to establish a criminal disposition or bad character.
When are specific acts of misconduct ADMISSIBLE?
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.
What other issues may specific acts of misconduct be ADMISSIBLE to show?
Motive, intent, absence of mistake, identity, common plan or scheme (MIMIC)
What must a prosecution do prior to the trial if they intend to introduce this evidence?
Provide reasonable notice prior to trial of the general nature of this type of evidence it intends to produce.
