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For what purpose is the evidence being brought? (Propensity purposes…
For what purpose is the evidence being brought?
Propensity purposes
Civil case
Generally
, inadmissible unless it falls into an
exception
:
(2)
Their character is a
central issue
in the case
Defamation
Negative entrustment
Child custody
(3)
If they're facing claims of
sexual assault/child moles
t, prior acts are admissible
(1)
If it's a
sexual assault claim
, can be brought in to
prove consent
, as long as this doesn't mean too much prejudice.
P's reputation evidence is only admissible when she puts it at issue
.
Criminal case
is it about the
defendant
?
Generally
, can only be brought it when the defendant first
opens the door
.
Exceptions
(where P can bring in evidence about D before he
opens the door
...
FRE
: if D says V had bad character, then pros can show how D is similar
CEC
: if D shows V was violent, then pros can show D was violent too
Sexual assault/child molest
: P can bring in prior acts (in
CEC
, domestic violence acts too)
Is it about the
victim
? Then it can come in two ways...
(2)
When the defendant offers evidence of victim's character (and the v can rebut it)
Under
FRE
if the D says V attacked him, then P can show that V was peaceful in homicide cases
Under
CEC
(
prop 8
) if V's character is at issue, it can be brought in under balancing
(1)
Rape shield statute: v's character is at issue to prove consent
CAN'T
bring in reputation evidence about sexual behavior
CAN
bring in SIC of past sexual conduct to show another source of semen or injury, or prior acts of consensual sex between V and D
Non-propensity purposes
Then it's
not really character
evidence and in criminal cases you can bring in
SIC
if it shows
MIMIC
...
Mistake or absence of mistake
Identity
Intent
Common scheme or plan
Motive