Generally not admissible to show Prosecution cannot open the door SELF-DEFENSE propensity to D’s propensity only D may offer D will initiate examination of V to evidence of good character traits of show that he/she acted in self- EXCEPTION: D through: defense 1) Character it self is a material - reputation issue in the case - opinion Prosecution will show counter evidence with opinion or i) defamation Once, however, the D has opened reputation of V’s good character ii) negligent entrustment the door to his/her character, the iii) wrongful death Prosecution can then ask on Cross- Examination of that same victim of 2) Where character itself is the SPECIFIC ACTS of D through issue, it may be proved by: OPINION - Prosecution may not bring i) specific Acts extrinsic evidence to show this ii) opinion iii) reputation
SEXUAL MISCONDUCT CASES SPECIFIC ACTS OF D’S SEXUAL MISCONDUCT CASES
Victim’s sexual Behavior or sexual MISCONDUCT (RAPE SHIELD LAWS) disposition is NOT ADMISSIBLE INADMISSIBLE to show GEN: in civil/criminal cases EXCEPTION: PROPENSITY proceedings involving alleged - ADMISSIBLE ONLY if Probative misconduct to show sexual Value Substanitally Outweighs it’s ADMISSIBLE to show if they are behavior OR sexual disposition are Prejudicial Effects INDEPENDENTLY RELEVENT to INADMISSIBLE show other than D’s propensity to commit crime: MIMIC OK EXCEPTION: No opinion or reputation evidnce is i) Motive allowed, but SPECIFIC INSTANCES ii) Intent are ADMISSIBLE to show iii) Mistake or Accident i) consent (lack of) ii) someone other than iv) Identity D is the source of v) Common Plan or Semen, Injury or Scheme Other Physical vi) Opportunity Evidence vii) Knowledge ADMISSIBLE IF: i) sufficient evidence for jury finding that D committed the crime, AND ii) Probative Value Substantially Outweighs its Prejudicial Effects
In SEXUAL MISCONDUCT and
CHILD MOLESTATION cases, specific instances of D’s conduct are admissible to show propensity