Chapter 5: Character, Propensity and Specific Acts

Question 1

Propensity

Answer 1

Tendency of a person to behave in a certain way

Question 2

Character

Answer 2

In evidence: refers to the general traits, qualities, or characteristics that make up an individual’s personality or behavioral tendencies

Question 3

Specific Acts

Answer 3

Known as crimes, wrongs, or other acts

Question 4

Habit:

Answer 4

admissible evidence. The propensity toward conduct that is more consistent, routine, and repetitive.

Question 5

Rule 403: excluding relevant evidence for prejudice, confusion, waste of time, or other reason

Answer 5

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:

1. unfair prejudice,
2. confusing the issues,
3. misleading the jury,
4. undue delay, wasting time, or
5. needlessly presenting cumulative evidence.

Question 6

Rule 404(a)(1): Character Evidence, Crimes, or other Acts

Answer 6

Evidence of a person’s 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 7

Rule 404(a)(2)(A): Exceptions for a criminal defendant or victim

Answer 7

A defendant may offer evidence of their own trait. But if they do, Prosecution may rebut it

Question 8

Rule 404(a)(2)(B): Exceptions for a criminal defendant or victim

Answer 8

a defendant may offer evidence of a victim’s trait. If admitted prosecution may:

1. rebut it with evidence
2. offer evidence of the defendant’s same trait

Question 9

Rule 404(a)(2)(C): Exceptions for a criminal defendant or victim

Answer 9

in a homicide case: the prosecutor may offer evidence of the victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor

Question 10

Rule 404(b)(1): Exceptions for a criminal defendant or victim

Answer 10

Evidence of other crimes, wrongs, or acts are not admissible to prove a person’s character to show they acted a certain way.

Question 11

Rule 404(b)(2): Exceptions for a criminal defendant or victim

Answer 11

Other acts may be admitted to prove:

a. motive
b. opportunity
c. intent
d. preparation or plan
e. knowledge
f. ID

Question 12

Rule 404(b)(3): Exceptions for a criminal defendant or victim

Answer 12

In a criminal case prosecution must:
A. provide reasonable notice of other act prosecution intends to introduce
B. In the notice: show intended purpose for introduction
C. provide notice in writing before trial

Question 13

Sullivan Test for admissibility of other acts evidence:

Answer 13

1. Purpose: is the other act evidence offered for an acceptable purpose?
2. Relevance: does the other act relate to a fact of consequence and have probative value?
3. Prejudice: Is the probative value of the other act evidence substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury?

Question 14

Rule 406: Habit, Routine Practice

Answer 14

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice

Question 15

Rule 405(a): Methods of proving character

Answer 15

Permits the proponent to offer both reputational and opinion testimony in the limited situations where FRE 404(a) allows the use of character evidence to prove action in accordance with that character

Question 16

Rule 405(b): Methods of proving character

Answer 16

When character is an essential element of a claim or defense, FRE 405(b) permits proof of character with evidence of specific acts. In addition, it is permissible to prove character with reputation or opinion evidence pursuant to FRE 405(a)

Question 17

Rule 412: Sex Offenses Cases: the Victim’s Sexual Behavior or predisposition

Answer 17

prohibited evidence:

a. evidence offered to prove victim engaged in other sexual behavior
b. Evidence to prove a victim’s sexual predispostion

Question 18

Rule 413(a): Similar Crimes in Sexual-Assault Cases

Answer 18

When a defendant is accused of sexual assault: evidence can be admitted that the defendant did commit another sexual assault

Question 19

Rule 413(b): Similar Crimes in Sexual-Assault Cases

Answer 19

If the prosecution intends to introduce this evidence: it must be disclosed to the defendant at least 15 days before trial

Question 20

Rule 414(a). Similar Crimes in Child-Molestation Cases

Answer 20

When a defendant is accused of child molestation: evidence can be admitted that the defendant did commit another child molestation

Question 21

Rule 414(b). Similar Crimes in Child-Molestation Cases

Answer 21

If the prosecution intends to introduce this evidence: it must be disclosed to the defendant at least 15 days before trial