Character Evidence
Character Evidence Permitted as Substantive Evidence
- reputation testimony
- opinion testimony
- specific acts IF character is directly at issue, sexual assault and child molestation cases, act is independently relevant
Methods
- prior inconsistent statements
- bias
- prior conviction of a crime
- prior bad acts
opinion or reputation evidence of untruthfulness
- sensory deficiencies
- contradictory facts
Standard and Methods of Authentication
Standard: proof sufficient to support a jury finding of genuineness
Methods:
- self-authentication
- pleadings or stipulation
- evidence of authenticity
Admissible Opinions of Lay Witnesses (8)
- general appearance or condition of a person
- state of emotion
- matters involving sense recognition
- voice or handwriting identification
- speed of moving object
- value of own services
- rational or irrational nature of another's conduct
- intoxication
Issues Independent to Character that Allow Specific Acts in?
Motive
Intent
Mistake (absence of)
Identity
Common plan or scheme
Prior Conviction of Crime
- any crime involving dishonesty or false statement
- any other felony that passes the proper balancing test within 10 years
Best Evidence Rule
To prove the content of a writing (including a recording, photograph, or X-ray) the original must be produced if the content is material
Secondary evidence is allowed only if the original is unavailable for reasons other than serious misconduct of the proponent
403 Balancing Test
Relevant evidence can be excluded if its probative value is substantially outweighed by:
- unfair prejudice;
- confusion of the issues;
- misleading the jury; OR
- undue consumption of time
Prosecution's Introduction of Defendant's Bad Character
- rebuttal when defendant "opens the door"
- specific acts that are independently relevant
- specific similar acts by defendant in sexual assault or child molestation case
Prior Conviction of Crime (Defendant witness)
Excluded unless the probative value outweighs prejudicial effect
Judicial Fact (when may be taken and conclusiveness)
A court may take judicial notice of any fact "not subject to reasonable dispute" because (1) it is generally known within the trial court's jurisdiction or (2) it can be accurately and reasonably determined from reliable sources
Criminal: court instructs jury that it may, but is not required to, accept noticed fact as conclusive
Civil: the court must instruct jury to accept noticed fact as conclusive
Chain of Custody Requirement
If evidence is a type likely to be confused or if it can be easily tampered with the proponent must show that the object has been held in a substantially unbroken chain of possession
Use of Character Evidence of the Victim
Defendant may introduce if relevant to their innocence
Prosecution may rebut with (1) defendant's bad character for same trait or (2) victim's good character for the same trait
Prior Conviction of Crime (non-defendant witness)
Requirements for Expert Testimony
- subject matter is one where scientific, technical, or other specialized knowledge would assist the trier of fact
- expert is qualified on the subject
- expert possesses reasonable probability regarding their opinion
- proper factual basis
Prior Bad Acts (requirement and limitation)
- probative of truthfulness
- cross-examination only
Use of Character Evidence in Civil Cases
- character is directly in issue
- specific similar acts in a sexual assault or child molestation case
- specific facts that are independently relevant
Foundations Required for Prior Inconsistent Statement
Before the evidence is introduced:
- the witness is given an opportunity to explain or deny the statement; AND
- the adverse party is given an opportunity to examine the witness about the statement
Exception to Expert's Ability to Render an Opinion as to the Ultimate Issue?
The accused's mental state in a criminal case where that mental state is an element of the crime or defense
Hearsay Statement Barred by the Confrontation Clause
- statement was "testimonial" in nature
- the accused had no opportunity to cross-examine the testimonial statement prior to trial