SYCR: Character Evidence Flashcards
When and only when can the P introduce (at his initiation) character evidence in a civil trial to infer conduct at the time of the litigated event?
When character of a person is a material issue in the case
Crim Case. Can Pros. introduce evidence of bad character (to infer conduct) before D opens the door?
Never. P can never offer character/propensity evidence at his initiation.
Crim Case. Can P introduce evidence of D’s prior convictions or crimes?
NO. ONLY IF D OPENS THE DOOR.
Crim. D may offer evidence of his good character for . . .
the Pertinent trait
Crim. What types of evidence can D use to bolster his good character for the pertinent trait?
Rep and Op ONLY
Crim. In what sort of situation would P be able to introduce evidence of D’s criminal history WITHOUT D first opening the door through introducing a good trait? Explain.
If D testifies, you can use that info to impeach.
This info shows a lack of truthfulness and D’s character for truthfulness is AUTOMATICALLY put into play when he testifies.
Crim. Once D has opened the door, what methods can P use on cross to respond? EE ok?
Any. Specific acts OK here.
NO. Inquiry is limited to cross.
Crim. Once D has opened the door, what method can P use to respond when he introduces a prosecution witness?
Back to opinions and rep. only.
Crim. In which two types of cases can the accused take the initiative, as part of a self-defense plea, to show character of the victim as circumstantial evidence to infer first aggression?
Homicide
Assault
Crim. When the accused in a homicide or assault case takes the initiative, as part of a self-defense plea, to show character of the victim as circumstantial evidence to infer first aggression, what methods OK?
Rep or opinion ONLY
Crim. When the accused in a homicide or assault case takes the initiative, as part of a self-defense plea, to show character of the victim as circumstantial evidence to infer first aggression, what can the P then do? What methods
Respond by showing good REP or OP concerning the victim OR by showing Accused’ bad opinion or bad rep.
Rep. or Op. ONLY – no specific acts.
In a CRIM case alleging sexual misconduct, evidence of the victim’s sexual history or sexual predisposition TO PROVE CONSENT, which methods of proof are prohibited?
Opinion
Reputation
In a CRIM case alleging sexual misconduct, evidence of the victim’s sexual history or sexual predisposition TO PROVE CONSENT, specific instances of sexual behavior are admissible only if . . . (3, or)
If offered to prove that a third party was the source of semen, injury, or other physical evidence
To show prior acts of consensual intercourse between the victim and the accused
If exclusion would violate the constitutional rights of the accused.
In a CIVIL case alleging sexual misconduct, evidence of the sexual disposition or behavior of the alleged victim is admissible ONLY IF . . .
Probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.
In any sexual misconduct case wherein D wants to introduce evidence of the sexual disposition or behavior of the alleged victim, what two things must always be true (procedurally)?
D must give notice
In camera hearing must be held.
When can P take the initiative (door not opened) and offer specific evidence of D’s prior crimes and prior acts of misconduct? (other than when D is testifying and, as a result, has put his character for truthfulness at issue)
When the misconduct is relevant to prove a material fact OTHER THAN character or disposition.
i.e., MIMIC
MIMIC stands for?
Motive
Intent
Mistake (absence of)
Identity
Common plan or scheme
MIMIC applies to what sort of Character Evidence, offered when, by whom?
Prior Act Evidence offered at the initiation of the prosecution.
MIMIC is always subject to . . .
403 balancing test
When using MIMIC, always ask yourself these 2 questions?
Independently relevant?
OK under 403?
Is MIMIC exclusive?
No. Could include opportunity, preparation, modus operandi etc.
MIMIC applies to civil, crim, or both?
Both
What is true of prior acts of sexual assault or molestation in a sexual assault of molestation case?
P can always introduce—any time. No conviction needed.
What are the three limited situations in which P may use evidence of specific acts to prove character? Name the type of case, and the situation
Ignore sexual cases
In a civil case, when the character of a person is substantively at issue
In any case, where D takes the stand in his own defense (puts character for truthfulness at issue)
In a criminal case, ON CROSS, when D has opened the door by offering evidence of his good character
