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Character Evidence

Terms in this set (25)

Character evidence is
regarding a person's general propensity OR disposition (honesty, fairness, peacefulness, violence)
With character evidence - always pay attention to whether it is a
criminal or civil case (different rules apply)
(criminal case) Character evidence during prosecutor's case in chief (direct case)
Evidence of the defendant's character to prove conduct on the particular occasion is inadmissible
(criminal case) Character evidence during the defense
Defendant may choose to introduce evidence of a relevant character trait during defendant's case - this is to establish that he may not have committed the crime charged

ALWAYS make sure the character trait is relevant (peaceful if violent crime, truthful if fraud crime, etc)

Can prove by reputation OR opinion testimony of a character witness
NY DISTINCTION - ONLY allows reputation evidence
MBE and NY - can NOT provide specific acts evidence (e.g., Rambo always turns the other cheek, Rambo was voted President of pacifists)

Can testify that a defendant is generally law-abiding based on opinion (mbe only) or reputation (NY too)
(criminal case) When can the prosecution bring up character evidence
Only if defendant opens the door during defendant's case - then can bring it up on prosecution's rebuttal

Methods of rebuttal -
(1) By cross-examining defendant's character witnesses by asking 'did you know...' (allowed to bring up specific acts here that reflect adversely on the particular character trait AT ISSUE) AND/OR
(2) Prosecutor can call her own reputation or opinion witness to contradict the defendant's witness (NY is reputation only)
(3) NY ONLY REBUTTAL METHOD - prosecution can prove that defendant has been CONVICTED of a crime that reflects adversely on the character traits in issue (plus no 10 year time limit on this)

note: all of these methods must be referring to a character trait that is in issue (if defendant claimed he was peaceful, can only bring up violent traits)
REMEMBER - if defendant testifies AT ALL, prosecution can bring up character for truthfulness as an IMPEACHMENT METHOD (not substantive)
In criminal cases, can the character evidence be used for the defendant's character being an essential element of the crime
NO - no crime is defined by character traits
(criminal case) Additional limitations on the prosecution's rebuttal by cross-examining defendant's character witness (did you know..., etc)
prosecution must have good faith basis for believing the act or arrest occurred

this can only be used for impeachment of character witness

If the character witness denies having hard of the bad acts the prosecution brings up, the prosecution can NOT introduce extrinsic evidence that the actually occurred (because prosecution can only offer opinion or reputation extrinsically)
NY DISTINCTION - could extrinsically prove that defendant has been convicted of a crime if relevant to the character trait
(criminal case) In the Rambo murder trial, assume that the only witness who testified during the defense was Rambo himself, and he testified only to the fact that he did not commit the murder. After the defense rests, the prosecution calls Murdock to testify that Rambo has a reputation for violence. Rambo's attorney objects on the ground that this is impermissible character evidence.
Objection sustained. Rambo did NOT open the door because did not bring evidence of his character traits as circumstantial evidence that he did not commit the murder - only testified to the facts of the crime
(criminal case) victim's character in self-defense cases (MBE RULE)
Criminal defendant may introduce evidence of the victim's violent character to prove victim's conduct IN CONFORMITY (circumstantial evidence that victim was actually the first aggressor) through either reputation or opinion testimony of character witness
note: character witness can not testify that the victim had attacked them too in the past (specific acts)

Prosecution rebuttal - can use
Evidence of the VICTIM'S good character for PEACEFULNESS (reputation or opinion) OR
Evidence of DEFENDANT'S bad character for violence (reputation or opinion)
(criminal case) victim's character in self-defense cases (NY RULE)
Evidence of victim's character for violence for the purposes of showing victim acted IN CONFORMITY with this trait is INADMISSIBLE to show victim struck first (completely goes against MBE rule)

SPECIAL EXCEPTION (applies both MBE and NY) - Defendant MAY offer evidence of his OWN awareness of victim's bad character for violence (based on both reputation OR bad acts) for the purposes of showing defendant's STATE OF MIND at the time of the altercation (fear of victim leads defendant to use self-defense)
(criminal case) victim's character in sexual misconduct cases (rape, sexual assault)
"Rape Shield laws" - following evidence about victim is normally INADMISSIBLE:
Opinion OR reputation evidence about victim's sexual propensities OR
Evidence of specific sexual behavior of the victim

EXCEPTIONS:
Specific sexual behavior of victim to prove that someone other than defendant was source of semen or injury to victim (defendant did not do it)
Sexual activity WITH THE DEFENDANT if defense of CONSENT is asserted
Whenever exclusion would violate the defendant's right of due process
When would exclusion of character evidence for victim of sexual misconduct violate defendant's due process
"Love triangle defense" = Defendant should be allowed to show that the victim had a sexual relationship with X at the time of defendant's alleged rape if X became aware that victim and defendant had sexual contact.

Purpose: to suggest the victim had motive to falsely claim that the sexual contact with defendant was nonconsensual in order to preserve the victim's relationship with X. --> defendant has due process right to confront her about her motivation for bringing the charges
(civil cases) - general rule
Character evidence is generally inadmissible in civil cases to prove conduct in conformity on this occasion

Defendant generally can not choose to offer character evidence to support his good character either in civil cases - Stricter than for criminal cases because defendant's liberty is not at issue
(civil cases) Evidence of a persons character when character is an ESSENTIAL ELEMENT of a claim OR defense
This is admissible in reputation, opinion or specific act evidence
NY DISTINCTION - only allows reputation or acts for this

Applies in
Tort action alleging negligent hiring or entrustment (defendant should have known person was careless based on reputation, opinion, prior bad acts)
Defamation (both libel and slander - truth of statement may bring up character of plaintiff) OR
Child custody dispute (where to place the child based on parent's character)
(civil AND criminal) Admissibility of Defendant's past crimes for non-character purposes
EXCEPTION-defendant's past crimes OR specific bad acts can be admissible for any NON-CHARACTER PURPOSES (even in prosecution's case in chief)- MIMIC
Motive (other crime shows the motive for a later crime)
Intent (when at issue for the crime)
Mistake/accident (the absence of this)
Identity (of the defendant - their MO)
Common scheme or plan (crimes are similar)
Also can use it for opportunity to commit the crime

note: if falls into these categories, prosecution can use this evidence during case in chief (NOT dependent on defendant introducing positive character evidence)
Upon defendant's request - prosecution must give pretrial notice of intent to use MIMIC evidence
Court must always consider probative value vs. unfair prejudice
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