Character Evidence Flashcards
(13 cards)
Types of Character Evidence
Character evidence refers to a person’s general propensity or disposition (such as for honesty, fairness, peacefulness, violence). Character evidence might be offered as substantive evidence (meaning, to prove a fact at issue in the case) for the following purposes:
* To prove a person’s character in the rare situation where their character is directly in issue in the case (meaning, an essential element of a claim or defense); or
* To serve as circumstantial evidence of how a person probably acted during the events of the case. This is also known as “conduct in conformity with character” or “propensity” evidence. This purpose for offering character evidence is the focus of this module because it is permitted only in a few situations.
* Additionally, evidence of a witness’s bad character for truthfulness might be offered for impeachment purposes (that is, to attack the witness’s credibility rather than to prove some fact in the case). For coverage, see the Impeachment module.
Methods of Proving Character
Depending on the purpose of the offer and the nature of the case, some or all of the following methods of proving character may be allowed:
* Evidence of the person’s specific acts;
* Opinion testimony of a witness who knows the person; and
* Testimony as to the person’s general reputation in the community
Defendant’s Character in Criminal Case
- Prosecution can’t initiate, but defendant can
- Defendant can prove by reputation/opinion testimony concerning pertinent trait
- Under the Federal Rules, a character witness for the defendant may testify as to the defendant’s good reputation for a pertinent trait and may give their personal opinion concerning that trait of the defendant.
- Character is never an element of a crime
- Can only testify about traits that are pertinent to the charged crime
- Can generally testify that defendant is law abiding
Prosecution’s Options when Defendant offers evidence of good character
Once the defendant opens the door by introducing character evidence, the prosecution can take either or both of the following actions:
* The prosecution can cross-examine the defendant’s character witness regarding the basis for their testimony by asking “Have you heard?” or “Did you know?” questions about specific acts of the defendant that show the defendant’s bad character for the trait in question. The permitted purpose of the cross-examination is to show the character witness’s lack of knowledge, not to prove the defendant’s bad character.
* The prosecution can call its own character witnesses to provide reputation or opinion testimony about the defendant’s bad character for the trait in question.
* Cannot use extrinsic evidence (too time consuming)
* Under Federal Rule 405(a), cross-examination inquiry is allowable as to whether the character witness knows of, as well as whether he has heard of, specific instances of misconduct by the defendant. Therefore, it is proper for the prosecution to ask the witness about the defendant’s prior violent act.
Victim’s Character in Criminal Case (When Defendant Can Initiate
Except in sexual assault cases, Defendant can offer reputation/opinion testimony concerning victim’s character for relevant trait when it is relevant to show the defendant’s innocence
* Usually violence to support self-defense claim
Prosecution Rebuttal:
* Once the defendant has introduced evidence of a victim’s bad character for a pertinent trait (usually violence), the prosecution may rebut with reputation or opinion evidence of:
1. The victim’s good character for the same trait, or
2. The defendant’s bad character for the same trait
When Prosecution Can Initiate Character War (Rebutting Self-Defense Claim in Homicide Case)
If defendant claims self-defense, evidence of any kind that victim was first aggressor opens door to evidence of victim’s good character for peacefulness
Victim’s Character in Sexual Assault (Rape) Cases
Victim’s past behavior generally inadmissible, except:
* In criminal cases to prove different source of injury or physical evidence to show consent between victim and defendant
* In civil cases, when proabtive value substantially outweighs unfair prejudice
Character Evidence in Civil Cases
Generally inadmissible to prove conduct in conformity (how person behaived on a particular occasion)
* Even in civil cases regarding criminal conduct
When Character is DIrectly at Issue (Civil Cases)
When proof of a person’s character, as a matter of substantive law, is an essential element of a claim or defense, it is said that character is “directly in issue.” This is rare, and for bar exam purposes is generally limited to:
* Defamation cases where truth is a defense (plaintiff’s character is at issue);
* Negligent hiring or entrustment cases (hired/entrusted person’s character is at issue); and
* Child custody cases (parents’ character is at issue)
When character is directly in issue, all forms of character evidence (reputation, opinion, and specific acts) are admissible.
Other Misconduct for Non-Character Purposes
Person’s other misconduct generally inadmissible if offered solely to prove conduct in conformity/propensity
* Possibly admissible if offered for some independently relevant purpose
Admissible if Independently Relevant (MIMIC Evidence) (Other Misconduct for Non-Character Purpose)
Evidence of a person’s other crimes, wrongs, or acts is admissible if relevant to some issue other than their character or propensity to commit the crime charged (or the alleged act in civil cases)
* Motive (for example, burning a building to hide embezzlement)
* Intent (to show guilty knowledge or lack of good faith)
* Absence of mistake or accident
* Identity (for example, “signature” crimes/modus operandi)
* Common plan or scheme (usually, committing one crime to prepare for another).
Requirements for Admissibility (MIMIC Evidence)
- The misconduct may be proved by any evidence, such as witness testimony, the defendant’s criminal conviction, etc.
- There must be sufficient evidence to support a jury finding that the defendant committed the other misconduct (meaning, a reasonable juror could come to this conclusion).
- Additionally, evidence of the misconduct is subject to the usual Rule 403 standard (probative value must not be substantially outweighed by danger of unfair prejudice, etc.).
- In a criminal case, the prosecutor must provide reasonable notice of any evidence of this type that the prosecutor intends to offer at trial. Such notice usually must be in writing and provided in advance of trial (but the court may excuse lack of pretrial notice for good cause). The notice must articulate the non-propensity purpose for which the evidence will be offered and the reasoning that supports the purpose.
Defendant’s Similar Misconduct in Sex-Crime Cases
Defendant’s other similar acts are admissible for any relevant purpose (even to show propensity) in criminal or civil cases involving alleged sexual assault or child molestation
