Character

Question 1

Methods of Proving Character

Answer 1

1. Opinion
2. Reputation
3. Specific Acts

Question 2

General Rule

Answer 2

Evidence inadmissible (subject to some narrow exceptions) if offered to show propensity: that a person probably acted in conformity with a trait on this occasion.

Question 3

Character Evidence in Criminal Cases

Answer 3

1. D can offer evidence of his good character for a pertinent trait, via reputation or opinion only.

State can then rebut regarding that same trait by crossing witness about specific acts of misconduct (no extrinsic evidence allowed) or by offering other reputation/opinion testimony.
-Note: if D is the witness, State can only cross on issues of truthfulness

2. D can offer evidence of a victim’s bad character, via reputation or opinion only.

State can then rebut regarding that same trait by offering reputation/opinion testimony of victim’s good character or D’s bad character.

3. Homicide Cases: State can offer evidence of a victim’s good character whenever D pleads self-defense and has offered any evidence to show that victim was the first aggressor.

Question 4

Character Evidence in Civil Cases

Answer 4

Admissible, via any method, when character is an essential element of a claim or defense.
-Defamation, negligent entrustment/hiring, child custody

Question 5

Character Evidence in Sex Cases

Answer 5

Criminal: can offer to show it was someone else or to show consent

Civil: can offer if its probative value substantially outweighs the danger of harm/unfair prejudice

Child Sex: evidence of past child sexual assault is admissible with notice to D