Character Evidence Flashcards
(29 cards)
Character Evidence definition
- a persons general propensity or disposition
- Ex: character traits of honesty, dishonesty, peacefulness or violence
Character evidence rule
- NOT ADMISSIBILE to prove conforming conduct
- Its not that the evidence is irrelevant, but that its unfairly prejudicial
Purposes of Character Evidence
- Character is directly in issue/essential element of claim-
- rare.
- As circumstantial evidence- character in conformity.
- Character of testifying witness—character for truthfulness/untruthful offered to impeach or rehabilitate a witness
Methods of Proving Character
- A persons reputation in the community
- E.g. D can put witness to testify to Ps reputation for dishonesty.
- Opinion testimony.
- Character testifies that in her opinion, P is dishonest.
- Specific acts relevant to the character trait.
- May involve criminal or non-criminal acts, and no conviction, arrest, or charges are required.
- Typcally not admissibile.
VA Methods of Proving Character distinction
In VA, a character witness may not provide opinion testimony.
Character Evidence in Criminal Cases
General Rule and Exceptions
- Evidence of Ds character generally not admissibile to prove conforming conduct.
- Exceptions:
- D introduces evidence of his own pertinent character trait
- P can then present rebuttal evidence for the same pertinent character trait
- (called the mercy rule)
Character Evidence in Criminal Cases
Form of Character Evidence
- When character evidence is admissibile to show propensity the only proper methods are reputation or opinion.
- No specific acts!.
- The character evidence must be as to a pertinent trait. Pertinent to the litigation
Character Evidence as an Essential Element in a Criminal Charge
- Character is never an essential element of a criminal charge.
- But D or D witness can put on character evidence.
- But cannot show specific acts or character traits irrelevant to murder charge—e.g. honesty/bravery not relevant
Character Evidence in Criminal Cases
2 ways prosecution can rebut
- Call witnesses to testify to Ds relevant bad character.
- Form: reputation or opinion.
- Cross-examining Ds character witnesses by questioning their knowledge of specific acts the D has engaged in that are relevant to the character trait in issue.
- Can be specific acts.
- E.g. character witness says D is peaceful. P can ask whether wit knows D beats his wife.
- Good faith requirement:
- P cannot prove act but must have good faith belief that the act occurred.
- So, if P asks about specific act and wit says they didnt know, P cannot intro evidence proving act
- Can be specific acts.
Victims Character in Self-Defense Cases
- D may offer evidence of the victims violent character to prove victim was initial aggressor
- No specific acts
- Prosecutor may rebut thru:
- Evidence of the victims good character for the pertinent trait
- Evidence of Ds character for that same trait.
- No specific acts
Victims Character in Self-Defense Cases
Special Homicide Rule
- If D introduces evidence that victim started fight in homicide case, P can counter with character evidence about the victim.
- No need to have D put on character evidence of victim
Special Rule for Ds knowledge of victims character for violence
- D may show evidence of his own knowledge of vics character for violence for purpose of showing his state of mind at the time of the death
- Shows Ds belief, not vics propensity
- Because this isnt propensity evidence, can use any form incl. specific acts
Victims Character in Self-Defense Cases
VA Rule
- In Virginia, when a defendant is claiming self-defense, she may introduce reputation testimony or specific acts evidence of the victims character for violence.
- Once the D introduces evidence of the victims violent character, the prosecution may only rebut with the victims good reputation for peacefulness.
- (Under the FRE, prosecution may also rebut with the Ds bad character for violence)
Character Evidence in Civil Cases Rule
- Character evidence is generally inadmissible to prove conforming conduct (propensity) in civil cases.
- P cannot offer character evidence to show Ds propensity to do something, and D cannot offer character evidence to show his tendencies not to do that thing.
Character Evidence in Civil Cases Exception
- Character evidence admissible in civil cases where character is an essential element of a claim or defense.
- This applies only in very limited situations.
- Defamation.
- Negligent entrustment/hiring.
- Child custody
Character Evidence in Civil Cases Exception-
Forms of Evidence Used
- In these limited situations, you can use any form, incl. specific acts.
- P can offer evidence in neg hiring case that D driver was in 2 other accidents in the past 6 months.
- D can show in defamation cases thru character evidence of any kind to show their allegation was true
Other Crimes Evidence for Non-Character Purposes Rule
Ds other crimes or specific bad acts inadmissible during prosecutions case in chief if the only purpose is to prove propensity
Other Crimes Evidence for Non-Character Purposes
Exception
- If offered for some purpose other than propensity.
- Can be offered by in either civil or criminal cases.
- Can be offered by either side.
- Typically used by criminal prosecution against a D
Other Crimes Evidence for Non-Character Purposes
Most Common Purposes
OKIAPIMP
O-opportunity
K-knowledge
I-intent
A- absence of mistake or accident
P-preperation I
-Identity (MO)
M-Motive
P-Plan
Other Crimes Evidence for Non-Character Purposes
Procedural Effect on Case
- If satisfied, prosecution can use other crimes evidence as part of its case in chief, no need for D to introduce character evidence.
- E.g. Ds past judge dies 10 days after D gets out of jail. Admissible to show motive.
- D on trial for poss w/ intent. P can show prev poss w/ intent convictions to show he had intent to deal.
Other Crimes Evidence for Non-Character Purposes
MO Evidence
(Second I in OKIAPIMP)
- Only evidence to prove Ds MO if its unique and associated with the accused
- E.g. signature. Cant just be a ski mask in a bank robbery.
How to prove OKIAPIMP evidence
- Former convictions
- By evidence that tends to show the act occurred
- burden of proof
- Prosecution must product sufficient evidence for a reasonable jury to conclude that D committed prior act by prep of the evidence
Other Crimes Evidence
Scope of Evidence that can be used
Does not require conviction or even arrests, includes non-criminal acts or wrongs, if relevant
Other Crimes Evidence Pragmatic Considerations
Pragmatic considerations—danger of unfair prejudice to the defendant
