Evidence - Character Evidence

Front 1

Character Evidence

Back 1

May be offered to 1) prove character when it is in issue 2) serve as circumstantial evidence of how a person probably acted. 3) impeachment

Front 2

Means of proving character

Back 2

Evidence of specific acts, opinion testimony, testimony as to general reputation in the community

Front 3

Four question approach

Back 3

What is the purpose for which the character evidence is offered? What method or technique is used to prove character? Is it a civil or criminal case? Does the evidence prove a pertinent character trait?

Front 4

Character: civil cases

Back 4

Character is inadmissible to prove conduct except in cases of sexual assault or child molestation or where character is in issue (negligent entrustment, child custody, defamation, loss of consortium)

Front 5

Character: Criminal cases

Back 5

Prosecution may not initiate evidence of bad character to show more likely to commit a crime. May introduce to show her innocence of the alleged crime. Defendant can open the door

Front 6

Character: Criminal cases: exceptions to prosecution introduction

Back 6

1) sexual assault or child molestation, 2) where court has admitted evidence of victim's character offered by defendant, prosecution can be first to offer evidence of defendant's same character trait.

Front 7

How Defendant proves Character

Back 7

A witness for defendant may testify as to 1) Defendant's good reputation for the trait 2) his personal opinion concerning the trait SPECIFIC INSTANCES ARE INADMISSIBLE ON DIRECT

Front 8

How prosecution rebuts Character Evidence

Back 8

Once D opens the door, prosecution may rebut by 1) cross-examining the character witness about D using reputation, opinion AND SPECIFIC INSTANCES OF CONDUCT. Cannot call a witness to confirm specific instances.

Front 9

Victim's character

Back 9

Prosecution cannot be first to offer character evidence to prove conduct. D can open the door through 1) offering victim's character, prosecution may rebut, 2) in a homicide case D says V attacked firstm prosecution can offer evidence of victim's character for peacefulness

Front 10

Character: Special rules for Rape victims

Back 10

Generally inadmissible in civil and criminal cases.

Front 11

Character: Exceptions to special rules for rape victims: Criminal Cases

Back 11

Criminal case: 1) prove someone other than D is the source of semen, injury or other physcial evidence. 2) prior consentual acts between D and V. Can only use specific instances of conduct

Front 12

Character: Exception to special rules for rape victims: Civil Cases

Back 12

Civil Case: Reputation, opinion and specific instances are admissible if probative value substantially outweighs unfair prejudice and, with reputation evidence, reputation is in issue.

Front 13

Specific Instances of D's bad conduct

Back 13

May be admitted to prove MIMIC - Motive, Intent, Mistake, Identity and Common Plan or Scheme

Front 14

Specific Instances: Requirements for admissibility

Back 14

1) Sufficient evidence to support a jury finding that D committed the prior act; and 2) probative value must not be substantially outweighed by unfair prejudice