Evidence Ca -- Character

Front 1

CA Character (CIVIL)

Back 1

Inadmissible to prove conduct, NO EXCEPTIONS

Front 2

CA Character (CRIMINAL) -- Defendant

Back 2

***EXCEPTION TO PROP 8***

Prosecution cannot offer character evidence, only defendant can “open the door”***
If door opened, prosecution can rebut
Evidence must concern pertinent character or trait
Direct – reputation and opinions only; Cross – specific instances allowed
EXCEPTIONS --
1) sexual assault/child molestation
2) CA ONLY - domestic violence case -- other acts of domestic violence
3) CA ONLY - victim's character for violence -- accused also has violent character

Front 3

CA Character (CRIMINAL) -- Victim

Back 3

Prosecution cannot offer character evidence, only defendant can “open the door”***
If door opened, prosecution can rebut
Evidence must concern pertinent character or trait
Direct – reputation and opinions only; Cross – specific instances allowed
***Reasons why defendant can open the door: 1) to show victim's character or 2) in homicide, to show victim attackd defendant first -- rebuttable by prosecution w/ evidence for peacefulness***

Front 4

CA Character -- Defendant -- Method/Technique
(2)

Back 4

1) Opinion
2) Reputation
ONLY regardless of Direct/Cross

Front 5

CA Character -- Victim -- Homicide

Back 5

FED

Prosecution can offer evidence that victim has peaceful character IF defendant offers evidence that victim attacked him first

FED and CA
Defendant can be first to offer character of victim to prove conduct, prosecution can rebut

Front 6

CA Character -- Victime -- Method/Technique
(3)

Back 6

1) Opinion
2) Reputation
3) Specific instances

ALL possible at BOTH Direct/Cross

Front 7

CA Character -- Rape Shield

Back 7

CA = Fed; Prop 8 does not apply