character: D and victim

Question 1

404(a)(2)(A)

Answer 1

D may offer pertinent traits of won character; pros may rebut

Question 2

404(a)(2)(B)

Answer 2

D may offer evidence of victim’s pertinent trait; pros may rebut and also evidence of D’s same trait

Question 3

404(a)(2)(C)

Answer 3

in homicide case pros may offer evidence of victim’s peacefulness to rebut evidence that victim was 1st aggressor

Question 4

405 methods of proving character

Answer 4

405(a) if char. admissible –> may be proved by reputation or opinion. On cross-ex of char witness, may go into specific instances

405(b): if char is essential element may also be proved by specific instances

Question 5

412 sex offense cases-victim

Answer 5

in civ/crim, can’t offer evidence of victim’s sexual activity or sexual predisposition EXCEPT WHEN

crim: 1) specific instances of victim’s behavior to show someone other than D was source of phys. evidence 2) specific instances of victim’s sexual activity w/ accused if offered by D to prove consent or if offered by pros. 3) evidence whos exclusion would violate Ds constitutional rights
civ: if probative value substantially outweighs danger of harm to any victim and of unfair prejudice to any party. Court may admit victim’s REPUTATION only if victim placed it in controvesey