Character Evidence

Question 1

CE Definition

Answer 1

Evidence that refers to a persons propensity or disposition

Question 2

How can CE be used?

Answer 2

For impeachment or substantive purposes

Question 3

CE Methods

Answer 3

1. Specific instance
2. Opinion evidence (in community)
3. Opinion (personal knowledge)

Question 4

Process for Def CE in Crime Case

Answer 4

1. Def can offer good CE of pertinent trait (opinion or reputation)

THEN

2. Prosecutor can
   •Can ask witness Qs (even specific instances)
   •Reputation or opinion in rebuttal

Question 5

Can the prosecutor in criminal case offer extrinsic evidence?

Answer 5

No!

Question 6

Proceeds for Vice Character in Crim Case

Answer 6

1. Def can offer CE or vics particular pertinent trait if self defense claim

THEN

2. Prosecutor can rebut with:
   •Vic’s good character for same trait
   •Defs bad character for same trait

Question 7

CE Homicide Self Defense Special Rule

Answer 7

Prosecutor can introduce opinion or reputation evid even if Def didn’t open the door

Question 8

CE and Vic’s Past Behavior in Rape Case

Answer 8

Generally inadmissible in crim or civ cases

Exceptions:
•Crim: consent or other semen source
•Civ: probative value must substantially outweigh danger if prejudice (reverse 403)

Question 9

CE in Civ Cases

Answer 9

Generally inadmissible unless character directly at issue
(Defamation, negligent hiring/entrustment, child custody).

Reputation, opinion, and specific acts ok

Question 10

Admissibility of Misconduct by Def

Answer 10

Inadmissible to show propensity but ok to show “MIMIC”

Motive
Intention
Mistake (absence of)
Identity
Confirmative behavior

Question 11

Admissibility of Defs Acts of Molestation/Sexual Assault

Answer 11

Admissible for any relevant purpose, even to show propensity