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Federal Evidence • Character Evidence
EVID#075
Legal Definition
Generally, character evidence is first offered by the defendant in the form of reputation or opinion evidence; specific act evidence is not allowed unless it is a sexual assault or misconduct case. On cross-examination, a party may offer only reputation and opinion evidence.
Plain English Explanation
Generally, California's rules follow the same pattern as the Federal rules when it comes to the defendant "opening the door" and being able to offer either reputation or opinion evidence. Similarly, "specific act" evidence is generally not allowed unless the case has to do with sexual assault or sexual misconduct.
Where they differ is what happens at cross-examination. Under the Federal rules, a party can use reputation, opinion, or specific acts to impeach a witness. In contrast, under California rules, only reputation and opinion evidence are allowed.
Where they differ is what happens at cross-examination. Under the Federal rules, a party can use reputation, opinion, or specific acts to impeach a witness. In contrast, under California rules, only reputation and opinion evidence are allowed.
Visual Aids
Related Concepts
How do California's rules differ from the Federal rules when it comes to introducing character evidence in a case involving sexual assault or child molestation?
How is the process of offering character evidence generally handled under the Federal rules?
If the defendant offers evidence of a victim's bad character, what can the prosecution offer to rebut?
In California, if the defendant offers evidence of a victim's violent character, what can the prosecution offer to rebut?
In California, when can prior acts of domestic violence or elder abuse be admissible?
In cases involving sexual assault, when may a defendant introduce specific act evidence?
What are habit and custom evidence?
What is character evidence?
When assessing character evidence, what are non-character purposes?
When is character evidence admissible in civil cases?
When is character evidence admissible in criminal cases?
When is character evidence admissible in homicide cases involving self defense? What kinds are admissible?
When is evidence of prior sexual assault or child molestation admissible?
