Relevancy & it Limits: Character Evidence Flashcards
What is character evidence?*********
Generally - Character evidence refers to a person’s general propensity or disposition for honesty, peacefulness, violence.
When is character evidence used?
- essential element of the case
- rare in civil case, never in crim cases
- substantive does not require proof of character for conviction
- not a crime to be a bad person
- circumstantial evidence of a person’s conduct on a particular occassion
- Δ is an honest persopn - used to show did not commit fraud
- sufficient to raise a reasonable doubt for a criminal v
- to impeach credibility
- limited use
How is character evidence treated in civil cases?
- it is INADMISSIBLE to prove conduct in conformity therewith
- EXCEPT,
- where character is in issue
- where character is an essential element of a CoA, claim or defense
- where character is in issue
Rule 404(a)
What forms of character evidence may be admitted in a civil case?
All forms ROSA:
- Reputation
- Opinion
- Specific Acts
(a) When dealing with methods of proving character under Rule 405(a), the evidence may be offered in the form of opinion or reputation. If it’s reputation, the witness must establish he is aware of the reputation of the party in the relevant community.
(b) If it’s opinion, the witness (proponent) must establish that he has sufficient knowledge to form an opinion about the particular trait.
(c) When character is an essential element of the trait, specific instances of that person’s conduct may be offered as well. Rule 405(b).
What are examples of specific CoA where character is @ issue in a civil case?
- Defamation - the P’s character @ issue
- Child custody - parents’ character @ issue
- Ngeligenct entrustment – the entrustee’s character @ issue
- Negligent hiring - the employer’s character @ issue
NOTE: With assault and battery, the victim’s character is not in issue in the strict sense based on defendant’s reasonable belief that force was necessary.
How is character evidence treated in criminal cases?
- the prosecution may not initially introduce evidence of Δ’s bad character unless the Δ opens the door for that particular trait
- Pertainent trait testimony of Δ’s good character must first be raised by the Δ
- the crime determines what pertainent trait looking at
- Δ may open door w/reputation and opinion testimony, not specific acts
- and the prosecution can reput with reputation or opinion testimony
- specific acts can also be introduced after the above, not for their truth but for their limited purpose of impeachment
NOTE - Do not confuse w/impeachment. Becareful of uncoached Δ opening the door in his testimony (I don’t do these kinds of things, I’m not a violent guy) ———— Rule 404(a)(1)
Examples of Δ’s character evidence in criminal cases
EXAMPLE: Defendant is on trial for murder. Neighbor testifies, “I’ve been his neighbor for 15 years, and in my opinion, defendant is a peaceful man.” Proper trait, correct form.
EXAMPLE: On cross examination of Neighbor, the prosecutor asks the Neighbor whether he was aware of an incident two years earlier where the Defendant hit a baseball coach with a bat when he refused to put the Defendant’s son into the game. Proper to impeach Neighbor; not for substantive character of Defendant.
EXAMPLE: Now a witness called by prosecution to testify, “I’ve lived in the community for many years and defendant has a reputation for having a violent temper.” Proper: “violent temper” to rebut “peaceful man.”
EXAMPLE: Defendant in a murder trial takes the stand in his own defense and claims he did not kill the victim. May the prosecution call a witness to testify that Defendant has a reputation for violence? No; door is not open.
How is testimony of a pertainent trait of a victim treated in a criminal case?
- Δ can introduce bad character or the victim thru reputation & opinion that the victim was the agressor (like in assault, etc)
- prosecution can rebut with good character or the victim thru reputation & opinion OR
- bad character of the Δ
EXAMPLE: Defendant, on trial for assault and battery, offers evidence of victim’s character for violence.
Rule - 404(a)(2)
What is the special rule for character evidence of a victim in regards to criminal homicide cases?
- if the Δoffers evidence that the victim was the aggressor, this only does not opinion the door to the prosecution to offer reputation or opinion evidence of the victim’s good character for nonviolence
- HOWEVER
- the prosecution may present evidence of the victim’s good character for peacefulness
EXAMPLE: Defendant is on trial for murder. Defendant testifies he acted in self-defense. Prosecution witness is called to testify, “Defendant has a reputation as a violent person.” —- Cannot do that, only rehabilitate the character of the victim
- Δ may offer evidence of his awarenedd for victim’s bad character when self-defense to show Δ’s state of mind
404(a)(2)
What is the MIMIC Rule?
- This is where character evidence may be admissible for purposes other than to show conduct in conformity with one’s character:
- Can bring in circumstantial evidence of other crimes, wrongs or acts to prove:
- Motive
- Intent
- Mistake, Absence of
- Identity
- Common plan or scheme
- Also to show _K_nowledge, _O_pportunity, or _P_reparation
Who can offer MIMIC evidence?
- Usually in
- criminal cases
- by the prosecution
- in rebuttal
- MIMIC eveidence may occur before, during or after the current offense
Example of MIMIC evidence
(a) Motive: A defendant is charged with murder. To show that he was the killer, the prosecution seeks to introduce evidence that the victim was the only eye witness against the defendant in a pending burglary case.
(b) Intent: The defendant is found with a quantity of drugs. He claims he has these drugs for his personal use. In the past, he has had the same quantity and has sold the drugs. The prosecution can offer the past drug sales to show that, when he has that quantity, his intent is to sell it.
(c) Absence of Mistake: Brides in the Bath Case. Man calls the police to say his wife had drowned in the bathtub. The police found that this man had two previous wives who drowned in the bathtub.
(d) Identity: Buffalo Bill killed young plus sized women and removed their skin dumping their remains in the river days later after placing a cocoon in their mouth. This evidence is used by the prosecution in a homicide case with similar facts.
(e) Common Plan or Scheme: Defendants patrolled neighborhoods just before Christmas posing as security guards inquiring as to if the homeowners would be home during the holidays. The defendants would then enter the home and take valuables. Before leaving, they would turn on a faucet flooding the house. These prior acts could be used to show the defendants were responsible for the current crime.
Recap: 1. What does relevant evidence mean?
Evidence that tends to make the existence of any fact more or less probable then it would be w/o the evidence
Recap: 2. What is circumstantial evidence?
Where the fact requires the finder of fact to make an inference
Recap: 3. How may a defendant “open the door” to the introduction of the bad character of the defendant?
- If the Δ puts on evidence of his good character for a particular trait
- If the Δ presents bad character or the victim for a particular trait, the prosecution can rebutt w/Δ’s bad character or victim’s good character
