Evidence Foundations 3 - Character Evidence

Character Evidence in Legal Proceedings

Character evidence is proof of a person's general propensity or disposition (e.g., peacefulness, honesty, combativeness, dishonesty).

• Purpose: To show a person acted in accordance with that character trait during an event.

• General Rule: Generally not allowed to prove conduct during an event due to the risk of jurors judging based on reputation, not facts.

Ways to Prove Character

1. Opinion Evidence

   • Testimony from someone who knows the person.

   • Example: "I know Dom, and in my opinion, he's crooked."

2. Reputation Evidence

   • Testimony from someone familiar with the person's reputation in the community.

   • Example: "No one in the community trusts Dom."

3. Specific Acts Evidence

   • Evidence of prior crimes or conduct.

   • Examples: Conviction for assault, lying on a job application.

Exceptions in Criminal Cases: Character of the Defendant

• General Rule: The prosecution cannot open the character evidence door.

• Exception: The defendant can introduce reputation or opinion evidence of good character for a pertinent trait to prove innocence (e.g., honesty in a forgery case).

  • If the defendant does so, the prosecution can then introduce reputation or opinion evidence of the defendant's bad character for that trait.

• Prosecution's Rebuttal

  • Cross-examine the defendant's character witness with "Have you heard" or "Did you know" questions about specific bad acts.

    • Example: "Have you heard that May took money from the church collection plate three times last month?"

  • Call its own character witness to provide reputation or opinion evidence of the defendant's bad character.

    • Example: "I know May. She's a deceptive little weasel."

Character of the Victim in Criminal Cases

• General Rule: The victim's character is generally not relevant.

• Exception: If the defendant claims self-defense and alleges the victim was the aggressor, the defendant can introduce reputation or opinion evidence of the victim's bad character for violence.

  • Once the defendant opens this door, the prosecution can rebut with evidence of the victim's good character for peacefulness or the defendant's bad character for violence.

• Homicide Cases

  • If the defendant introduces any evidence that the victim was the first aggressor, the prosecution can introduce character evidence of the victim's good character for peacefulness.

Character Evidence in Civil Cases

• General Rule: Character evidence is generally inadmissible to prove a person acted in conformity with their character.

Specific Past Wrongs or Crimes

• Evidence of a person's specific past wrongs or crimes can be admissible if relevant to other issues, not just to show the likelihood they committed the bad act in question.

• MIMIC Rule: Evidence of past bad acts may be admissible to show:

  • Motive

  • Intent

  • Mistake (absence of)

  • Identity

  • Common plan or scheme

Example Scenario (Moped Theft)

• Dom is charged with stealing Aisha's moped. Dom has past convictions for stealing mopeds. Generally, these prior bad acts are inadmissible to prove his propensity for criminal behavior.

  • Motive Exception: If Aisha testified against Dom in a prior moped theft trial, his desire for revenge could provide a motive.

  • Identity Exception: If all mopeds stolen by Dom had national park decals peeled off, this could prove his identity as the thief due to the similarity in the crimes.