Character Evidence Flashcards
Character/propensity evidence generally not allowed unless ___
- similar offenses in sexual assault prosecution
- similar offenses in child molestation prosecution
- similar offenses in civil action concerning sexual assault or child molestation
- pertinent character of criminal D offered by the accused
- peaceful character of homicide victim offered by prosecutor to rebut evidence victim attacked first
- character of a witness
FRE 413 is about __
admitting character evidence about similar offenses in sexual assault prosections
FRE 414 is about ___
character evidence and similar offenses in child molestation prosecution
FRE 415 is about ___
similar offenses in civil action concerning sexual assault or child molestation
FRE 413 says that in any criminal case where ___ can admit ___
accused of sexual assault, evidence that D committed any other assault
FRE 414 says that in any criminal case where ___ can admit ___
accused of child molestation. evidence that D committed any other child molestation
Rule about character of a witness
404(a)(3)
Rule about character of criminal D
404(a)(2)(A)
Rule about character of victim
404(a)(2)(B)
Rule about peaceful character of homicide victim
404(a)(2)(C)
Under 404(a)(2)(A) character of criminal D must be offered by ___
accused/defense
Under 404(a)(2)(B) character of victim must be offered by ___
defense
Under 404(a)(2)(C) evidence of peaceful homicide victim must be offered by ___
prosecution to rebut evidence victim attacked first
FRE 607 says that __
any party, including party that called witness, may attack witness’ credibility
FRE 608(a) says that a witness’s credibility may be attacked or supported by ___
testimony about witness reputation for being trustworthy/untrustworthy OR testimony in form of opinion about character
FRE 608(a) says that evidence of truthful character only admissible ____
after character for truthfulness has been attacked
FRE 608(b) says that except for ____, extrinsic evidence is not admissible to prove _____
criminal conviction under Rule 609, specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.
FRE 608(b) says that court can ___
allow cross exam inquiry into extrinsic evidence if probative truth/untruth of witness or another witness whose character this witness has testified about
FRE 608(b) says that by testifying on another matter, the witness does not waive any privilege against self-incrim that __
relates only to the witness’ character for truthfulness
FRE 609 is about ___
impeachment by evidence of a criminal conviction
If other act evidence comes in, it must pass ____
Huddleston standard, sufficient evidence to support finding by jury that D committed the similar act
Huddleston not really at issue if ____
prior convictions (high proof)
FRE 404(a) says that evidence of character is )))
not admissible to prove on particular occasion the person acted in accordance with the character or trait
Generally, the probative value of propensity evidence is ___
substantially outweighed by unfair prejudice/juror confusion/waste of time
Rule about character evidence
FRE 404
Zackowitz killed man who he thought insulted his wife. Evid of pistols and tear gas – all not present that night of the killing.
Inadmissible character evidence. (Cardozo) Should not have admitted pistols/gas not related to crime.
Ways to get around propensity box
- knowledge
- identity
- proof of motive
- proof of modus operandi
- narrative integrity
- absence of accident
- doctrine of chances (very rare)
Military man knows how to shoot guns. Propensity?
404(b) other act if offered to prove shot gun. But can show knowledge to commit murders. Not super highly prejudicial under 403 bc people love military.
Hacker charged w two counts of wire fraud.
404(b), but show knowledge of wire fraud. Limiting instruction or stipulation that has skills to hack.
Charged w drug distribution. Evid that convicted once before distributing drugs.
Not probative much of knowledge, but highly prejudicial 403.
Threatened ex and told “I can dispose of body” bc of military knowledge.
Ex threats 404(b), doesn’t show knowledge, so doesn’t come in (propensity!) – would be reversible error
Dispose of” – admissible as knowledge/skillset. Could do stipulation.
Brakeman reputation of drunkenness, causes train wreck. Evid of drunkenness?
Propensity evid, inadmissible. (Likely admissible for suit against RR bc show’s RR’s negligence in hiring someone w bad rep). Not habit under 406
Police officer with Confederate flag shirt under uniform shot Black man.
Goes straight thru propensity! Exclude (unless charged as hate crime).
Violent rap lyrics. Murder.
Propensity: showing someone is a violent person. Recognize that this is “other act” evidence challengeable under 404(b). Low probative value. No motive. Different if confession-style after-fact
Special agents killed after following Peltier w warrant for arrest in attempted murder case. Evid of attempted murder case.
Other case is motive to kill special agents: serious crime entails serious effort to escape. (Alt: stipulate that outstanding warrant for serious charge)
Married man Harrison Ford on trial for murdering female colleague. Evid of affair between them.
Could argue this is part of the act. Or that if it’s other act, it’s motive.
Peltier’s ownership of Special Agent’s weapons + other weapons.
Admit to show link to Special Agent 404(b)(2). But extra weapons inadmissible under 404(a)(1) (But: “Among other things…”).
Lottery lists in kitchen in narcotics trial, along w conviction for commercial gambling, to show it was D’s kitchen w the drugs.
Inadmissible bc goes thru propensity box. Convicted for gambling → still a gambler → owns lottery lists → thus owns apt.
Lottery lists in kitchen in narcotics trial, along w conviction for commercial gambling, to show it was D’s kitchen w the drugs.
3) Same, but cycling brochures meant to link to cycler.
Admissible bc not “prior bad act” that 404(b) cares about.
Trenkler, Shay accused of building/planting bomb in driveway; linked to previous Quincy bomb – “signature” of bomb maker
Bombing was unique probative identifier as modus operandi of bomber. Similar components of bomb, “bombing itself is distinctive method of killing.” 404(b)(2).
MO is about identity, not, e.g., intent (see Zander)
Charge of revolver possession; D said it was his cousin’s gun. Evidence that he played Russian Roulette w his ex-wife and pointed gun at her.
I saw that gun once” years ago less in probative value than seeing gun in traumatic context → credibility goes up. Minimize unfair prejudice by excluding Russian Roulette details.
Boat sinkings for insurance fraud. Evidence that 3 prior boat sinkings → to show why DeGeorge had maneuvered to distance self from boat ownership.
propensity evidence permissible when necessary to show comprehensive story or constitutes part of transaction.
Cleaning hunting rifle and accidentally shot/killed wife. Had done same thing 3 years ago (not charged).
Not an accident this time bc D should’ve been much more careful w this context!
→ Reduce prejudice w “You should assume first shooting was really an accident.”
Smith on trial for drowned wife (prev wives also drowned). Previous acts admissible to help jury that death of Mundy was designed rather than accidental, bc extraordinarily unlikely, phenomenal coincidence.
Diff than Absence of Accident bc AoA admits that it happened, DoC is claiming it didn’t happen that way at all, but the chance it was designed is too high.
