Exceptions for Character Evidence + Habit Evidence

Question 1

When can character evidence be used?

Answer 1

-Impeachment of a witness
-civil cases including child molestation or sexual assault
-criminal cases: showing a defendants good character and victims character

Question 2

Defendant’s good character exception to character evidence

Answer 2

A defendant can introduce evidence of his own good character if it is pertinent to the crime charged (cannot bring up specific acts)

Question 3

When a defendant introduces evidence of their own good character, it ?

Answer 3

opens the door for prosecutors to rebut the evidence of the defendants good character

(and when cross examining, the prosecution can inquire into a specific incident)

Question 4

Victims character exception to character evidence

Answer 4

A defendant may bring limited evidence about the victims character if it is pertinent (this also opens the door)

Question 5

Rape shield laws

Answer 5

the defendant in a sexual assault case may NOT introduce evidence of the alleged victims promiscuity

Question 6

Prior acts exception

Answer 6

to prove MIMIC: motive, intent, mistake, identity, common plan/scheme

MIMIC use is permitted for non-propensity purposes

Question 7

Habit evidence

Answer 7

Allowed to prove action in conformity w/ the habit

(the more specific, regular, or automatic the conduct is, the more likely a court will consider it admissible habit evidence)