Character evidence

Question 1

Character evidence to prove conduct: methods of proof

Answer 1

REPUTATION

• W must have heard reputation being discussed
• community of people in which convo took place + time of discussion must be relevant

OPINION

• W had significant contact w/ person during relevant time period
• W can express opinion based on personal knowledge of person and the relevant trait

SPECIFIC INSTANCES
when character is part of an essential element in a civil case

Question 2

Character to prove conduct: civil case

Answer 2

• only admissible when proof of character is element of a claim or defense
• available methods of proof: reputation, opinion, specific instances of conduct

Question 3

character to prove conduct: criminal case

Answer 3

can offer in these situations:

1) D introduces evidence of D’s trait -> P can introduce contrary evidence re: same trait
2) D introduces evidence re: V’s character to prove V acted in conformity/propensity -> P can introduce evidence of same trait in D AND contrary evidence re: V
3) D introduces evidence re: victim to show something other than propensity (i.e. fear) -> P cannot respond
4) D introduces evidence re: V to establish V was first aggressor -> P can offer evidence of V’s peacefulness
5) D claims entrapment -> P can introduce evidence of D’s predispoition
6) if good faith basis, P can cross D’s character W re: specific acts to test W’s knowledge and basis of testimony

Question 4

responding to character evidence

Answer 4

once reputation/opinion evidence has been introduce, opposing party can:

1) cross-examine character W re: specific instances if good faith basis to do so
2) offer counter/rebuttal character W to testify re: the character trait offered by other party
3) impeach character W

Question 5

habit

Answer 5

habit = regular response to a repeated specific situation admitted to prove that on a particular occasion the person acted in accordance

drunkenness, assaultive nature, carelessness are not habits

method of proof: opinion or specific acts

Question 6

other crimes evidence

Answer 6

METHOD OF PROOF: specific instances of conduct

ALLOWED PURPOSES:

• Motive
• Intent
• absence of Mistake
• Identity (modus operandi)
• Common scheme or plan
• complete the story
• opportunity
• preparation
• knowledge
• lack of accident

NOT to show propensity
- exception: sex offenses and child molestation