Character Evidence

Question 1

FRE 404(a)(1) Character Evidence. Prohibited Uses.

Answer 1

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 2

FRE 404(a)(2) Character Evidence. Exceptions for a Defendant or Victim in a Criminal Case

Answer 2

A) a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

B) subject to limitations in FRE 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:
i) offer evidence to rebut it; and
ii) offer evidence of the defendant’s same trait; and

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

Question 3

FRE 404(a)(3) Character Evidence. Exceptions for a witness

Answer 3

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

Question 4

FRE 404(b)(1) Crimes, Wrongs, or Other Acts. Prohibited Uses.

Answer 4

Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

Question 5

FRE 404(b)(2) Crimes, Wrongs, or Other Acts. Permitted Uses; Notice in a Criminal Case

Answer 5

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 any such evidence that the prosecutor intends to offer at trial; and

B) do so before trial—or during trial of the court, for good cause, excuses lack of Pretrial notice

Question 6

FRE 405 Methods of Proving Character

Answer 6

(a) By Reputation of Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.

(b) By Specific Instances of Conduct. When a person’s 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 person’s conduct.

Question 7

“Signature” Crimes Rule

Answer 7

If the identity of the perpetrator in the present case is disputed, evidence strongly connecting the defendant to a similar crime may be admissible if the crimes are sufficiently distinctive to qualify as “signature crimes.” The other crimes must be both similar to the present crime and also have been committed in a unique manner akin to a criminal signature.

Question 8

“Reverse” 404(b) Rule

Answer 8

Evidence that someone other than the defendant committed prior crimes. The identity exception to Rule 404(b) applies to acts by third persons as well as the defendant. The defendant may offer evidence of other crimes committed by a third person to prove that person is the true perpetrator, but only if he can lay the foundation for the identity exception set forth above.

Question 9

Huddleston Exception

Answer 9

Evidence of prior acts to be admitted if there is enough evidence to support a finding by the jury that the defendant committed the prior acts.

Question 10

FRE 406 Habit; Routine Practice

Answer 10

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. The court may admit this evidence regardless of whether it is corroborated or whether there was n eyewitness.

Question 11

Habit

Answer 11

To meet the definition of habit, a person must always behave in certain way.
-If a person only tens to behave in a certain way most of the time, such tendency is a character trait and not admissible.

Criteria of Habit
-Specific
-Regular
-Subconscious, semi-automatic, non-volitional

Question 12

FRE 413 Similar Crimes in Sexual Assault Cases

Answer 12

(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.

Takeaway: Can start with specific instances of SA

Question 13

FRE 414 Similar Crimes in Child Molestation Cases

Answer 13

(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.

Takeaway: Can start with specific instances of CM

Question 14

FRE 415 Similar Acts in Civil Cases involving Sexual Assault or Child Molestation

Answer 14

(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in FRE 413 and 414.

Takeaway: Can start with specific instances of civ cases of SA or CM.