Evidence -- Character

Front 1

Character Evidence

Back 1

Says something general about a person and conveys a moral judgment

Front 2

Character Evidence
Big Picture
(4)

Back 2

1) What purpose is the character evidence being offered for
2) What method or technique is being used
3) Civil or criminal case
4) Prove a pertinent character trait?

Front 3

Character Evidence
When it Can Be Offered
(4)

Back 3

1) When character is an issue in the case
2) When circumstantial evidence of a person's conduct on occasion in question
3) To impeach or support witness credibility

Front 4

Character Evidence
/Methods to Prove
(3)

Back 4

1) Specific acts of conduct
2) Opinion
3) Reputation

Front 5

Character Evidence -- Civil
(incl. exceptions)

Back 5

Generally inadmissible except where claim is based on sexual assault or child molestation, or where character is at issue (defamation negligent entrustment)

Front 6

Character Evidence -- Criminal (Conduct)

Back 6

Two doors: 1) Defendant's conduct; 2) Victim's character
Defendant must open first door

Front 7

Character Evidence -- Criminal (Attack Plan - Defendant's's character)

Back 7

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 – sexual assault/child molestation, when court has admitted evidence of victim’s character***

Front 8

Character Evidence -- Criminal (Attack Plan - Victim's character)

Back 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
***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 9

Character Evidence -- Rape Shield Statute

Back 9

Criminal -- Specific instances of alleged victim's character admissible to prove:
1) third party source of semen or injury
2) prior acts of consensual intercourse betw/ defendant and alleged victim
Civil -- Reputation admissible if probative value substantially outweights unfair prejudice; reputation evidence esp. if plaintiff puts her reputation in issue

Front 10

Character Evidence -- Specific Instances besides Character

Back 10

***Character evidence goes through doors analysis***
MIMIC
1) Motive
2) Intent
3) Mistake
4) Indentity
5) Common Plan or Scheme
Court has DISCRETION to mitigate unfair prejudice issues (character evidence becoming the focus)

Front 11

Character Evidence -- MIMIC (Identity)
(2)

Back 11

1) Similarity
2) Uniqueness