Character Evidence (2) Flashcards
Pertinent in 404(a) means ___
about the charge
Reputation evidence can be rebutted/crossed by prosecutor under 404(a)(2)(a) to ____
test credibility through knowledge of reputation
In Michaelson, cross about whether character witness knew about D’s prior bribery charge was proper to ___
weaken assertion law-abiding citizen and undermine credibility of witness who didn’t know
FRE 405 is about ___
methods of proving character
405(a) says that when evidence of character trait admissible it can be proved by ___
testimony about person’s reputation or by testimony in the form of an opinion
405(a) allows for cross-exam to ___
prove allow relevant inquiry into specific relevant instances of the person’s conduct
405(b) says that when a person’s character or trait is an essential element then -__
the character or trait may also be proved by relevant specific instances of the person’s conduct
405(b) is very narrow and limited to cases like ___
entrapment, parental custody, libel, sexual violence
FRE 406 is about ___
habit
FRE 406 says that Evidence of a person’s habit or an organization’s routine practice may be admitted to prove ___
on a particular occasion the person or organization acted in accordance with the habit or routine practice.
FRE 406 says that court may admit this evidence irregardless of ___
corroboration or eyewitness testimony
Driver testify in civil case against him that careful driver. Admit?
No, bc 404(a)(1) prohibits character evidence (propensity to be careful).
Driver testify always signals before switching lanes. Admit?
Yes, habit under 406.
Character witness wants to talk about specifics. Admit?
No, under 405(b). Allowable through cross under 405(a).
Character witness talks about reputation for honesty. Can cross with: “Have you heard X was arrested for completing false mortgage app…?”
Yes under 405(a). Allowable cross of credibility thru arrests thru Michelson.
“I wouldn’t shoot anybody” during direct; then cross with “Have you ever shot at other people before?” → “Do you recall telling us you shot somebody before?
Allowed 405(a) cross bc D used herself as character witness by saying “I wouldn’t shoot anybody,” kicking in 404(a).
Pros can rebut pertinent trait per 404(a) and with specific instance 405(a).
Defendant themselves can become ____
character witness through statement
Keiser charged w shooting/paralyzing Romero in self-defense. Romero shouted “Remember his face” to his friends re Keiser’s brother. Admissible for Romero’s violent nature?
404(a)(2)(B) allows introducing evidence of victim’s character; reputation evidence under 405(a).
BUT brother can’t say victim/Romero has reputation for violence → not qualified to speak on reputation/opinion based on one incident; so improper.
You can’t speak on reputation/opinion based on ___
one incident
James’s testimony that victim had boasted about killing people and got away with it.
404(a)(2)(B) allows victim’s character evidence – no specific details under 405(a).
BUT can argue specific instances allowed under 405(b) bc this is about proving essential element of reasonable fear in D’s mind bc self defense.
D claimed acted in self defense against victim whose toxicology report included cocaine, alcohol, morphine which can stimulate violent behavior.
Not character evidence! Literally at time of incident, had in system. Can admit.
Under 608, evidence of truthful character only admissible when ___
truthfulness been attacked (otherwise bolstering)
404(b) is about ___
other act/propensity evidence
Habit is a _____
regular response to a repeated specific situation (more narrow than character)
FRE 608 is about ___
character for truthfulness/untruth
Evidence assumes that once a liar ___
always a liar
608(b) extrinsic evidence means ___
evidence outside witness’ personal knowledge
