Character Evidence

Question 1

If the D introduces evidence of his good character

Answer 1

Then p can introduce evidence of the D’a bad character trait for the same character trait

Question 2

If the d introduces evidence of the v’s bad character trait

Answer 2

Introduce evidence of the v’s good character for the same character trait and evidence or the d’s bad character trait for the same trait

Question 3

If the d introduces evidence that the c in a homicide case was the first aggressor

Answer 3

Then p can introduce evidence or the v’s peaceful character

Question 4

Under 404(b) what other crimes, wrongs & acts can character evidenced be used to prove.

Answer 4

-motive
-intent
-knowledge
-m.o.
-proof of identity
-absence of mistake

Question 5

Fre 405: what are methods of proving character?

Answer 5

A. By reputation or 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 triad may also be proved by relevant specific instances of the person’s conduct.

-rebutting an entrapment defense
-proving or rebutting a defense of truth in a libel or slander action
-proving the tort of negligence entrustment
-resolving a parental custody dispute
-deeming a person sexually violent

Question 6

Fre 406 habit: routine practice

Answer 6

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 an eyewitness.

Question 7

Impeachment methods

Answer 7

-defect in w’s capacity to observe/remember
-bias
-contradiction
-character for truthfulness
a. Rep/ opinion
b. Specific/ [mis]conduct
c. Prior crim conviction
Dishonesty <10y
Felony <10y
-prior inconsistent statement

Question 8

What are the five factors when discussed by Judge burger when evaluating a past conviction?

Answer 8

• the nature of the crime
  -the tike or the conviction & witness subsequent history
  -similarly between the past crime
  -Importance of defendant’s testimony
  -the centrality of the credibility