CHARACTER EVIDENCE

Question 1

What is Character Evidence?

Answer 1

Offered to prove that a person acted in a certain way based on his/her character

Question 2

What is Propensity Evidence?

Answer 2

Introducing evidence of Defendant’s prior bad acts, especially crimes, in an effort to invite the factfinder (jury) to conclude that its more likely Defendant committed the charged crime(s)

Question 3

What is Rule 404?

Answer 3

Character Evidence Rule

Question 4

When can propensity evidence be admitted under Rule 404(b)?

Answer 4

If prosecution can come up with an explanation of how evidence is relevant (“of consequence”) to a material issue other than propensity

Question 5

What are non-propensity uses of character evidence? 404(b)(2)

Answer 5

Evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident

Question 6

When can the Motive Exception of Rule 404(b)(2) be used?

Answer 6

To prove prior aggressiveness. A previous attack on someone can be used as evidence of the attacker’s motive to harm that person

Question 7

What is Modus Operandi?