Chapter 5: Character And Habit Evidence

Question 1

Rule 404 A1

Answer 1

CHARACTER EVIDENCE
404A1: prohibited uses
Evidence of a persons character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait

Question 2

Rule 404 A2A

Answer 2

EXCEPTIONS FOR A DEFENDANT OR VICTIM IN A CRIMINAL CASE

A: a defendant may offer evidence of the defendants pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it

Question 3

Rule 404 A2B

Answer 3

defendant may offer evidence of an alleged victims trait, and if evidence is admitted prosecutor may:
1- offer evidence to rebute it or
2- offer evidence of defendants same trait

Question 4

Rule 404 A2C

Answer 4

In a homicide case, the prosecutor may offer evidence of the alleged victims trait of peacefulness to rebut evidence that the victim was the first evidence.

Question 5

Rule 404 A3

Answer 5

EXCEPTION FOR A WITNESS

Evidence of a witness’s character may be admitted under rules 607, 608, and 609

Question 6

Rule 404 B1

Answer 6

CRIMES, WRONGS OR OTHER ACTS

1: prohibited uses
Evidence of a crime, wrong or other act is not admissible to prove a persons character in order to show that on a particular occasion the person acted in accordance with the character

Question 7

Rule 404 B2 (A & B)

Answer 7

Permitted uses; notice in a criminal case
This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must:
A- provide reasonable notice of the general nature of evidence
B- do so before trial

Question 8

Rule 405 A

Answer 8

METHODS OF PROVING CHARACTER
A- by reputation or opinion
When evidence of a persons character or character trait is admissible, it may be proved by testimony about the persons reputation or by testimony in form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the persons conduct

Question 9

Rule 405 B

Answer 9

METHODS OF PROVING CHARACTER
B- by specific instances of conduct
When a persons character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the persons conduct

Question 10

Rule 406

Answer 10

HABIT; ROUTINE PRACTICE

Evidence of a persons habit or an organizations routine practice at be admitted to probe that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

Question 11

Rule 412 A(1,2)

Answer 11

SEX OFFENSE CASES: THE VICTIMS SEXUAL BEHAVIOR OR PREDISPOSITION
A- prohibited uses
The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in other sexual behavior
(2) evidence offered to prove a victims sexual predisposition

Question 12

Rule 412 B1A

Answer 12

B: EXCEPTIONS
1: CRIMINAL CASES
the court may admit the following evidence in a criminal case:
(A) evidence of specific instances of a victims sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence.

Question 13

Rule 412 B1(B&C)

Answer 13

B: EXCEPTIONS
1- criminal case
The court may admit the following evidence in criminal case:
(B) evidence of specific instances of a victims sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor
(C) evidence whose exclusion would violate the defendants constitutional rights

Question 14

Rule 412 B2

Answer 14

SEX OFFENSE CASES
B: exceptions
(2) civil cases

In a civil case, the court may admit evidence offered to prove a victims sexual behavior or sexual predisposition if it’s probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victims reputation only if the victim had placed it in controversy

Question 15

Rule 412 C1(a,b,c,d)

Answer 15

PROCEDURE FO DETERMINE ADMISSIBILITY
1- motion
If a party intends to offer evidence under Rule 412(b) the party must:
(A) file a motion that specifically describes the evidence and states purpose
(B) do so at least 14 days before trial
(C) serve the motion on all parties
(D) notify the victim or the victims guardian

Question 16

Rule 413 A

Answer 16

SIMILAR CRIMES IN SEXUAL- ASSAULT CASES
A- permitted uses
In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant

Question 17

Rule 413 B

Answer 17

SIMILAR CRIMES IN SEXUAL ASSAULT CASES
B- disclosure to the defendant
If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses statements or a summary of the expected testimony. Must be done 15 days before trial

Question 18

Rule 414 A

Answer 18

SIMILAR CRIMES IN CHILD MOLESTATION CASES
A- permitted uses
In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. This evidence may be considered on any matter to which is relevant

Question 19

Rule 414 B

Answer 19

SIMILAR CRIMES IN CHILD MOLESTATION CASES
B- disclosure to the defendant
If the prosecutor intends to offer this evidence, the prosecutor must disclose to the defendant 15 days before trial.

Question 20

Rule 414 (A,B)

Answer 20

SIMILAR ACTS IN CIVIL CASES INVOLVING SEXUAL ASSAULT OR CHILD MOLESTATION
A- permitted uses
In a civil case involving a claim for relief, the court may admit evidence that the party committed any other sexual assault or child molestation. This evidence may be considered as provided in Rules 413/414
B- disclosure to the opponent

Question 21

Rule 608 A

Answer 21

A WITNESS’S CHARACTER FOR TRUTHFULNESS OR UNTRUTHFULNESS
A- reputation or opinion evidence
A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness or by testimony in the form of an opinion about character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked

Question 22

Rule 608 B

Answer 22

WITNESS’S CHARACTER
B- specific instances of conduct
Except for a criminal conviction under rule 609 extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness character for truthfulness. But the court may allow on cross examination to inquire into if they are probative of the character for truthfulness