character evidence

Question 1

purposes of character

Answer 1

prove character if character is at issue

2. prove character as circumstantial evidnec eof a perons’ conduct
3. offered to impeach or support credibility of witness

Question 2

types of evidecne

Answer 2

1. specific acts of condut
2. opinion
3. reputation

Question 3

Character evidence in civil cases

Answer 3

1. inadmissible prove conduct excepct where civil claim is on sexual assult or child molestation
2. character evidence is admissible where character is in issue (defamation, negligence entrustment, child custory and loss consortium)

Question 4

character evidence in criminal trial

Answer 4

usually only when D opens door for D character or V’s character

Question 5

D’s character criminal

Answer 5

PRo can’t open first

exceptions

1. sex assualt or child molestation
2. where court has admitted evidence of V’s chracter offered by D, PRO can be first to offer evidence that D has same character

Question 6

PRO evidence on D character once door open

Answer 6

PRO can offer pertinent character evidence to rebut b/c D opened door. REmemebr must be evidence PERTIENT to character at issue

Question 7

Character evidecne on direct

Answer 7

Door must be open

limited to reputation and opinion

NO specific instances

Question 8

cross examination what is admissible?

Answer 8

reputaiton, opinion and specific instances by any party but specific instances only to attack direct examination not to prove character

Question 9

V’s character to prove conduct

Answer 9

how D can open door

1. D offers evidence of V’s character, PRO may rebut
2. homicide case if D offers evidence V attacked first, PRO may offer evidence of V’s character for peacefulness

DIRECT
reputation and opinion, no specific instances

Cross
reputation, opinion and specific instances, but specific instance sonly to attack direct exam not prove character

Question 10

trickiness of character

Answer 10

Watch out for stuff like pulling up something about character (P saw D hit someone else) only to prove his state of mind, not character. WOuld be admissible for that purpose but not character

Question 11

specific instance of bad conduct may be admitted to prove anything other than character

Answer 11

MIMIC

Motive - show did specific instance for a motive (e.g. stole to pay debt)

Intent - show had tried to do the same bad act before

Mistake (absence of msitake) -

Identity

Common plan or scheme

discretion to exclude MIMIC if unfair prejudice

Question 12

attack to character essays

Answer 12

start by saying not admissible for character but admissible for MIMIC. Say when admissible for haracter. Say what mimic is. analyze. then say although relevant could be excluded if outweighed by prejudicial value