Evidence of good character is not allowed in ___ cases.
civil
Character evidence can only be brought into civil cases where character is
an essential element of the claim or defense
Character ADMISSIBLE in CIVIL Cases when at issue:
Defamation
Child Custody
Negligent Hiring
Negligent entrustment
Misrepresentation/Fraud
character evidence is still not admissible in normal civil cases like ones for ____ and _____
assault and battery
Character is admissible in criminal cases when?
the Defendant opens the door
In criminal cases, the prosecution cannot be the first side to bring up character evidence in a criminal case... unless
we are talking about rape, sexual assault, and child molestation cases.
When a defendant open the for character evidence in a criminal case, they can only use ___ or ___ to show good character
reputation or opinion
Civil cases we can only bring in character evidence when it is ___ to the claim or defense.
essential
In a battery case (violent cases) honesty is
not a relevant character trait.
When a Defendant opens the door through reputation or opinion testimony prosecution can respond by:
1. prosecution can respond with their own reputation or opinion witness
2. to ask the character witnesses about specific bad acts related to the defendant
Evidence of the victim's character can be introduced in
self-defense situations.
If the defendant claiming self defense against the Plaintiff and brings evidence to show the victim/Plaintiff was the aggressor, the prosecution can challenge this reputation or opinion in two ways by showing:
1. The victim's good character; OR
2. The defendant's bad character for the same trait (basically saying the defendant has a reputation for being violent THEMSELVES)
In homicide cases if the defendant offers ANY evidence that the victim was the first aggressor, the prosecution can offer evidence