Character Evidence: General Admissibility & Exceptions
Generally inadmissible to prove someone acted in conformity with that character on a given occasion, EXCEPT for:
- defamation cases where character is at issue
- Prior acts of sexual assault or child molestation in cases for similar claims
How to prove character?
Character can be proved through ROSA: reputation, opinion, or specific acts
Character in Criminal Cases: Defense
D may introduce evidence of good character, which P may rebut
- Must be pertinent to the charged crime
- Must be reputation or opinion (not specific acts)
Character in Criminal Cases: Prosecution
May not introduce evidence of D’s bad character until D opens the door EXCEPT:
- sexual assault/child molestation cases
- If D first offers evidence of victim’s character (P can offer E that D has same trait)
Character in Criminal Cases: Once D “opens to door”
P may rebut by:
- Cross-examination of D’s character witness (includes knowledge of specific acts of D’s misconduct or prior arrests)
- Calling witness to testify to D’s bad character (limited to trait in question)
Character in Criminal Cases: P on Direct and Cross
Direct:
- Admissible: Reputation and opinion
- Inadmissible: Specific acts
Cross:
- All are admissible
Character in Criminal Cases: Homicide Cases
If D raises self-defense, D can offer evidence of victim’s character for violence to show that the victim attacked first
P may then rebut by offering E of victim’s character for peacefulness
Character Evidence: Specific Acts of D’s Bad Conduct
In civil and criminal cases, prior bad acts are inadmissible unless the acts are relevant to an issue other than D’s character or criminal disposition (MIMIC)
* Except for sexual assault/molestation cases
Character Evidence: Specific Acts of D’s Bad Conduct (MIMIC)
Prior acts are admissible to prove:
- motive
- intent
- mistake (absence of mistake or knowledge)
- identity (extremely similar or unique prior act)
- common plan or scheme
