Character Evidence (The Bar) California Evidence

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Character Evidence

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character evidence may be offered as substantive, rather than impeachment evidence 1. prove character when it is the ultimate issue in the case. 2. serve as circumstantial evidence of how a person probably acted.

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Means of Proving Character Evidence

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Specific Acts
opinion reputation
reputation in the community

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Civil Case

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Generally character is not admissible unless the character is directly at issue.

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Criminal Case

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Prosecution can not initiate evidence of bad character of the defendant merely to show that she is more likely to have committed the crime. The defendant can introduce evidence of her good character to show her innocence of the alleged crime.

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How D can proof character

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under the federal rule, a witness for the defendant may testify for the defendants good reputation for the trait in question and may give his personal opinion concerning the that trait of the defendant

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When does d put his character in issue

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When D takes the stand only his credibility is at issue not his character

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How can the Prosecution rebut Ds Character

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Cross examine the character witness regarding the basis for his testimony, including whether he know or has heard of specific instances of D's misconduct(only limited to testimony and can not introduce extrinsic evidence of the misconduct)
2. calling a qualified witness to testify to reputation and opinion

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Distinction for Character Evidence In CA in civl trial

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same as F except there is not exception for sexual assault or child molestaion evidence in civil cases

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Distinction Ca to proof Ds condcut

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SIC are not allowed on cross or direct. In Fed SIC is admissible on cross. OT/RT is admissible for both direct and cross for both fed and CA.

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Victim in Criminal CAse

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Except inrape case, the d may introduce repution or opinion evidence of bad character trail of the alleged crime victim when it is relevant to show Ds innocence. a. If D introduces evidence then p can counter with RT or OT of 1. victims good character 2. ds bad character for the same trait

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Victim in Criminal Case : Rape Victim conduct: In Criminal case Exceptions

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someone other than the d is source of semein, injury or other phyicsl evidence. Aslo specific instances o sexual behavior between the victim and the accused any admissible by prosecution for any reasons and by the dfesnse to prove con set.

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Exception in Civl Case

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evidence of the alleged victims sexual behavior is admissible if it is not excluded by any thoer rule and its probative value substailly outright the danger of harm to the victim and unfair prejudice to any party. Reputation is only admissible if placed in controversy.

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Homicide Case Self defense

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in a homicde case in which the defendant pleads self defense, evidence of any kin that the victim was the first aggressor opens th door to evidence thtthe vicim had good chacter for peacefulness. This evidence can be introduced regadless of whether the defendant has introduced character evidence of the victims generally violent propensity. NO CA COUNTER

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Specific Acts of Misconduct

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evidence of a person other crimes or misconduct is inadmissible if offered solely to estbalisha criminal disposition or bad character

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Exceptions for SIC

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admissible if these acts are levant to some other issue othe than the ds character or disposition to commit the cimr or to act charged. (MIMIC)

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Requirement for MIMIC

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there must be sufficient evidence to support jury finding the the d committed the prior bad act and it probative blue does not substailly outweighed by the danger of undue prejudice.

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Prior Cats of Sexual assault or child molestation

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evidence of ds prior acts of sexual assault or child molestiao ni admissible in a case where the d is accused of committing an act of seal assault or child molestation the party indenting to offer this evidcen must discosle it to the defendant 15 days before the trial

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Character Evidence of Victim Ca Distinction

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In fed if the court admits victims character then p can introduce same character trait of the d.
if court has admitted evidcen of victims violent character offered by d prosecution can offer evidence that d has same vilatn character trait (the similarity is violence)

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Domestic Elder Abuse

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In ca only can offer proof of DV and elder abuse

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Ca Distinction for General Admittance of victims Character

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in Fed SIC is only admissible on cross but in CA SIC can be shown anytime.

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IN CA RAPE CASES PROVE VICTIMS SEXUAL BEHAVIOR

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D cant admit any evidence of prior sexual conduct or dress unless victims prior sexula conduct was wt d. If the prior sexual conduct, d may cross examine and rebutt