Character Evidence

Question 1

Character Evidence in Civil Cases

Answer 1

INADMISSIBLE to prove conduct except where civil claim is based on SEXUAL ASSAULT or CHILD MOLESTATION. If so, D’s prior acts of sexual assault or child molestation are admissible to prove conduct Exception: When character is directly at issue in the case (defamation)

CA: no exception for sexual assault or child molestation

Question 2

Evidence of Defendant’s Character in criminal cases

Answer 2

Prosecution cannot be the first to offer such evidence. Door is closed when P begins case in chief.

Exceptions: (1) sexual assault or child molestation prosecution; (2) when court has admitted evidence of V’s character offered first by D, prosecution may also offer evidence that D has the same character via reputation and opinion (not specific instances). Once he does this, however, witness is subject to cross examination, including specific instances.

CA: if crime of sexual assault, child molestation, DV or elder abuse, prosecution MAY offer evidence that D committed other acts of domestic or elder abuse

CA: if Court has admitted evidence of V’s character for violence offered by accused, prosecution may offer evidence that accused has a violent character (narrower than above, just violence)

Question 3

Direct Examination of D’s Character

Answer 3

can only use reputation and opinion. NEVER allowed to use specific instances

CA: admits only reputation and opinion to prove D’s character, whether on direct or cross

Question 4

Cross Examination of D’s Character

Answer 4

can use reputation, opinion, and specific instances

CA: admits only reputation and opinion to prove D’s character, whether on direct or cross

Question 5

Evidence of Victim’s Character in Criminal Cases

Answer 5

Door is closed at first. However, D may introduce reputation or opinion evidence of a bad character trait of the victim when relevant to show D’s innocence. Once D has introduced evidence, P may counter with reputation or opinion evidence of (1) Victim’s good character for the same trait, OR (2) D’s bad character for the same trait

Homicide cases: (fed only) if D offers evidence V attacked first, prosecution can be first to offer evidence that V had peaceful character

Exception: Rape cases

CA: no Homicide exception to allow prosecution to be first to offer V’s peacful conduct

CA: specific instances permitted in CA of V’s character (but still can’t be used for D’s character)

Question 6

Rape Victim

Answer 6

Civil or Criminal, evidence offered to prove the sexual behavior or disposition of the V is generally INADMISSIBLE Exceptions in CRIMINAL cases: admissible to prove that someone other than the D is the source of semen or injury Exceptions in CIVIL cases: admissible if PV substantially outweighs unfair prejudice

Question 7

V’s Character in Homicide Cases

Answer 7

In homicide cases, if D offers evidence V was first aggressor, prosecution may offer evidence of V’s good character for peacefulness

CA: no homicide exception to allow prosecution to be the first to offer V’s peaceful conduct

Question 8

Specific Instances of D’s Misconduct

Answer 8

Inadmissible if offered solely to establish a criminal disposition or bad character. BUT, admissible if relevant to some issue other than D’s character or disposition MIMIC: (motive, intent, absence of mistake, identity, common plan or scheme) Note: Usually brings up PV/UP balancing problems