Specialized Relevance: Character Evidence

Question 1

General Rule

Answer 1

Character evidence is INADM to prove conforming conduct, unless it meets a recognized exception

Question 2

Character Evid: Civil Cases

Answer 2

Character evidence is INADM in civil cases unless character is directly in issue as a matter of substantive law (e.g., defamation, negligent hiring, child custody)

Question 3

Character Evid: Impeachment

Answer 3

Character for truthfulness offered to impeach or rehabilitate W sometimes ADM (see impeachment)

Question 4

Methods of proving character

Answer 4

Rep: If P testifies, D can put a character W on to testify about P’s bad reputation for honesty to DISCREDIT her
Opinion: W can testify that, in her opinion, party is dishonest
Specific Acts: specific acts of one person in question demonstrate that person’s character–only adm in a few instances

Question 5

NOT Character Evidence (not propensity) (around the box)

Answer 5

OKIAPIMP. D NEED NOT OPEN DOOR
O: Opportunity: Person had the opportunity to act (D owned same gun)
K: Knowledge: Person had rare knowledge allowing them to perform act
I: Intent: Person intended to perform act
A: Absence of Accident: Accident was unlikely based on prior events that would’ve changed behavior
P: Preparation: Person was preparing to act (stole car to do robbery)
I: Identity (modus operandi): Person performed the act–couldnt have been anyone else
M: Motive/Bias: Person had motive to perform act
P: Plan: PATTERN / common scheme
*suff evidence required for reasonable jury to conclude that D committted the prior act by POE

Question 6

Exceptions Allowing Introduction of Character Evid

Answer 6

Habit, Impeachment (evidence of Ws character), D puts character in issue, Consenseual sex/not source of semen, D opened the door, previous acts of sexual assault or child molestation, criminal V’s traits (SD)

Question 7

General Rule for Character In Criminal TRials

Answer 7

If D has opened the door, opinion or reputation is allowed on direct, and specific acts are allowed on cross

Question 8

D’s proof of his own character

Answer 8

D may offer evidence of his own pertinent trait (op/rep) and, if admitted, P may offer evidence of D’s SAME TRAIT to rebut it (op/rep on direct if calling own W; may ask about knowledge of specific acts about SAME TRAIT on cross (tests W’s knowledge, not D’s character))

Question 9

V’s character

Answer 9

D may offer evidence of the alleged V’s pertinent trait and, if admitted, P may offer evidence of V’s character to reubt the charge AND D’s chracter of the same trait (subject to rape shield) (rep/op)

Question 10

V’s character for peacefulness

Answer 10

In a MURDER case, if D alleges that V was the first aggressor, P may offer evidence of V’s peacefulness

Question 11

Impeachment and Truthfulness of W based on character

Answer 11

Either party may attack W’s character for truthfulness with opinion/reputation (on direct) /specific acts (on cross) of untruthfulness or evidence of past convictions; can only rehabilitate your W after her character has been attacked

Question 12

D’s knowledge of V’s Char for Violence

Answer 12

D may offer evidence of his own knowledge of V’s character for violence for the purpose of showing D’s or V’s state of mind (rep/op/specific acts all allowed)

Question 13

Criminal Convictions

Answer 13

100% admit: non-stale deceit crimes
80% admit: non-stale felony where W≠D
50% admit: non-stale felony where W=D
20% admit: stale felony and misdemeanor
1% admit: juvenile adjudication
0% admit: non-deceit misdemeanors