Character Evidence

Question 1

Substantive Character Evidence

Answer 1

Offered to prove a fact at issue in the case:
-Character is essential element of claim or defense (rare)
-Defamation, Negligent Hiring or Entrustment, Child Custody, and Fraud
-All methods of proving character evidence allowed
-Propensity evidence (only allowed by a few exceptions)
-Inadmissible in civil cases

Question 2

Character Evidence for Impeachment

Answer 2

Offered to attack a witness’s credibility

Question 3

Methods of Proving Character Evidence

Answer 3

(1) Specific Acts Evidence

(2) Opinion Testimony (personal knowledge)

(3) Reputation Testimony (community)

Question 4

Defendant’s Character in Criminal Case

Answer 4

Only a criminal defendant may initiate evidence of own good character
-CDW may testify in form opinion or reputation (as to pertinent trait)

Once door is opened, prosecutor may rebut with bad character evidence
-P can call its own witness to provide opinion or reputation testimony about CD’s bad character; OR
-P can cross-examine CD’s witness by asking whether they are aware of specific acts including any misconduct or prior arrests
-Differentiate from impeaching a witness with witness’s own arrests
(improper)
-No extrinsic evidence allowed

Question 5

Victim’s Character in Criminal Case

Answer 5

A criminal defendant may introduce bad character evidence of a victim when he claims self-defense and argues the victim was the first aggressor
-In the form of reputation or opinion evidence

Prosecutor may rebut with reputation or opinion evidence of:
-victim’s good character for peacefulness; OR
-defendant’s bad character for violence

NOTE: a victim’s character might also be offered for a non-propensity purpose –> to prove the defendant’s state of mind when he acted reasonably in self defense
-specific act evidence allowed for non-propensity purposes

In a HOMICIDE case where the defendant pleads self-defense, any evidence (not just character) that the victim was the first aggressor opens the door for the prosecutor to introduce evidence of the victim’s peacefulness

Question 6

Rape Shield Law

Answer 6

Evidence offered to prove the victim’s sexual behavior or disposition is inadmissible (civil or criminal case involving sexual misconduct)

Exceptions in criminal cases:
-To prove someone other than defendant is source of physical evidence (i.e., semen)
-Specific instances of sex between victim and defendant to prove consent

Exception in civil cases:
-Only when probative value substantially outweighs unfair prejudice (reverse 403 - favors exclusion of evidence)

Question 7

Other Misconduct for Non-Character Purpose (MIMIC)

Answer 7

Evidence of a person’s other crimes, wrongs, or acts is inadmissible for propensity reasoning, but is admissible if independently relevant:
-Motive (i.e., burning a building to hide embezzlement)
-Intent (to show guilty knowledge or lack of good faith)
-Mistake (absence of)
-Identity (signature crimes or modus operandi)
-Common plan or scheme (committing one crime to prepare for another)

*MIMIC is not exhaustive - admissible for any purpose other than character-propensity reasoning, subject to 403 balancing

Standard: sufficient evidence to support a jury finding that D committed the other misconduct

In criminal cases, prosecutor must provide notice if he intends to offer this type of evidence at trial

Question 8

Defendant’s Similar Misconduct in Sex-Crimes Cases

Answer 8

D’s “other acts” of sexual assault or child molestation are admissible in criminal or civil cases where D is accused of either
-Only situation where evidence of D’s specific acts is admissible to show propensity
-Offering party must disclose evidence to D 15 days before trial