Character Evidence

What is the general rule for character evidence?

Character evidence is generally not admissible to show a propensity except in criminal cases when an exception applies (mercy rules).

In a criminal case, a defenadnt may introduce character evidence about himself or the victim: (1) the defendant’s pertinent trait (good character); (2) victim’s pertinent trait (bad character); or (3) in a homicide case, that the victim was the first aggressor. Even when character evidence is allowed, it has to be: (1) pertinent and (2) in the correct form.

What is the rule for MIMIC?

Although character evidence is generally not admissible, it may be admissible for any non-propensity purpose in civil and criminal cases such as, motive, intent, mistake, identity, or common plan. In a criminal case, the prosecution is required to provide reasonable notice of its intent to introduce character evidence for a non-propensity purpose.

What is the rule for habit?

Under Rule 406, parties in civil or criminal cases, may present past examples of a habit or routine practice to prove that an individual behaved the same way during the incident that is subject of the litigation.

What is the rule statement for correct form of character evidence?

To be in the correct form, the character evidence must be in the form of opinion or reputation testimony unless the pertinent trait is an essential element , which then the proponent can inquire into relevant specific instances. Once character evidence is admitted, the attorney on cross examination may inquire into relevant specific instances of the person’s conduct that the attorney has a good faith belief occurred.