Character Evidence

Question 1

Is character evidence affected by Prop 8?

Answer 1

no

neither is circumstantial use of character evidence

Question 2

Methods of Proof for Character Evidence

Answer 2

1. no real difference
2. FREv: reputation or opinion on direct, but also specific acts on cross for impeachment
3. in CA: reputation or opinion only, on direct or cross (CEC)
   i. but CA caselaw says can use specific acts on cross for impeachment

Question 3

Circumstantial use of character evidence in civil cases

Answer 3

• note: not affected by Prop 8 bc not criminal

Civil Cases
1. civil cases: same as FREv

Question 4

Circumstantial use of character evidence in criminal cases. ∆’s character offered by ∆ (mercy rules)

Answer 4

• note: not affected by Prop 8 (bc constitutionally prohibited?)

i. same as FREv

Question 5

Circumstantial use of character evidence in criminal cases.
2. Δ’s character, offered by π: (try cases not people)

AND; victim rebuttal of character trait

Answer 5

• note: not affected by Prop 8

same as FRE, BUT also for domestic violence/ elder abuse.
Past sexual misconduct allowed for criminal cases in CA, but not for criminal cases in CA.

victim can only rebut claims of his traits if it relates to violence

i. same as FREv: no circumstantial use of defendant’s character in the case in chief
a. CA exception: in criminal case for domestic violence or elder abuse, prosecution may offer evidence of other acts of domestic violence or elder abuse

i) unlike FREv, π cannot offer rebuttal evidence that ∆ has the same trait
ii) violent character exception: if court admits evidence of victim’s violent character, π may rebut that ∆ also has a violent character

Question 6

Circumstantial use of character evidence in criminal cases.

– victim’s character, offered by Δ:

Answer 6

• note: not affected by Prop 8

i. same as FREv: Δ can offer relevant evidence regarding the victim’s character by reputation or opinion, can also offer specific acts evidence ONLY IF an element of the defense
a. ex. can’t say victim attacked a roommate once in case in chief if not an element of the defense

ii. CA adds: victim’s character offered by ∆ can also be proven by specific acts even if not an element of the defense
a. ex. can say victim attacked a roommate once in case in chief

Question 7

Circumstantial use of character evidence in criminal cases.

– victim’s character, offered by π:

Answer 7

• note: not affected by Prop 8

• same as FRE: prosecutor can only bring up victim’s character if ∆ attacks it first
  a. in CA: π can rebut with the ∆’s same trait only if the trait in question is violence

Question 8

Circumstantial use of character evidence in criminal cases– homicide cases

Answer 8

• note: not affected by Prop 8

a. only Federal: if Δ offers any evidence that the deceased was the first aggressor, π can offer rebuttal evidence of the victim’s peacefulness by reputation or opinion
b. no homicide exception in CA, π cannot rebut except for trait of violence

Question 9

Character evidence involving sexual misconduct

Answer 9

• note: not affected by Prop 8
Victim’s Character
1. same as FREv

Defendant’s Character

1. FREv: can offer evidence of defendant’s prior similar conduct in both civil and criminal cases
2. but in CA: no sexual misconduct exception to circumstantial use of character evidence in CA in civil cases, but still permissible in criminal cases