SYCR: Character Evidence

Question 1

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?

Answer 1

When character of a person is a material issue in the case

Question 2

Crim Case. Can Pros. introduce evidence of bad character (to infer conduct) before D opens the door?

Answer 2

Never. P can never offer character/propensity evidence at his initiation.

Question 3

Crim Case. Can P introduce evidence of D’s prior convictions or crimes?

Answer 3

NO. ONLY IF D OPENS THE DOOR.

Question 4

Crim. D may offer evidence of his good character for . . .

Answer 4

the Pertinent trait

Question 5

Crim. What types of evidence can D use to bolster his good character for the pertinent trait?

Answer 5

Rep and Op ONLY

Question 6

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.

Answer 6

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.

Question 7

Crim. Once D has opened the door, what methods can P use on cross to respond? EE ok?

Answer 7

Any. Specific acts OK here.

NO. Inquiry is limited to cross.

Question 8

Crim. Once D has opened the door, what method can P use to respond when he introduces a prosecution witness?

Answer 8

Back to opinions and rep. only.

Question 9

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?

Answer 9

Homicide

Assault

Question 10

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?

Answer 10

Rep or opinion ONLY

Question 11

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

Answer 11

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.

Question 12

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?

Answer 12

Opinion

Reputation

Question 13

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)

Answer 13

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.

Question 14

In a CIVIL case alleging sexual misconduct, evidence of the sexual disposition or behavior of the alleged victim is admissible ONLY IF . . .

Answer 14

Probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.

Question 15

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)?

Answer 15

D must give notice

In camera hearing must be held.

Question 16

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)

Answer 16

When the misconduct is relevant to prove a material fact OTHER THAN character or disposition.

i.e., MIMIC

Question 17

MIMIC stands for?

Answer 17

Motive

Intent

Mistake (absence of)

Identity

Common plan or scheme

Question 18

MIMIC applies to what sort of Character Evidence, offered when, by whom?

Answer 18

Prior Act Evidence offered at the initiation of the prosecution.

Question 19

MIMIC is always subject to . . .

Answer 19

403 balancing test

Question 20

When using MIMIC, always ask yourself these 2 questions?

Answer 20

Independently relevant?

OK under 403?

Question 21

Is MIMIC exclusive?

Answer 21

No. Could include opportunity, preparation, modus operandi etc.

Question 22

MIMIC applies to civil, crim, or both?

Answer 22

Both

Question 23

What is true of prior acts of sexual assault or molestation in a sexual assault of molestation case?

Answer 23

P can always introduce—any time. No conviction needed.

Question 24

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

Answer 24

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