Character Evidence Flashcards
Rule 404(a)(1)
evidence of a person’s character trait is not admissible to show that she acted according to her character on a particular occasion
Rule 404(b)(1)
evidence of specific crimes, wrongs, or acts cannot be admitted to show that a person tends to commit that type of behavior and therefore probably engaged in similar acts again.
Character of the accused in a criminal case [R.404(a)(2)(A)]
The Accused can introduce evidence of her own character using reputation or opinion evidence.
Then, the prosecutor can rebut using reputation or opinion evidence.
On cross-E in a criminal case, either party can question the witness regarding specific instances.
Character of the victim in a criminal case [R.404(a)(2)(B)]
The Accused can introduce evidence of the victim’s character using reputation or opinion evidence.
Then, the prosecutor can rebut the victim’s character with reputation or opinion evidence.
When the accused’s defense is that the victim was the first aggressor, the prosecutor can introduce evidence that the victim was peaceable.
The prosecutor may also introduce evidence of the accused’s character on the same trait that the accused introduces about the victim.
On cross-E, the prosecutor can inquire into specific instances.
Rape Shield [R.412]
Prohibits the examination of the victim’s sexual history, behavior, and preferences, exceptions:
- Evidence that a person other than the accused was the source of semen or injury.
- Evidence of the victim’s prior sexual relationship with the accused to prove consent.
- When failure to admit such evidence would violate the constitutional rights of the defendant.
- In a civil case, if its probative value substantially outweighs the danger of harm to any victim. But, only if the victim has placed it in controversy.
R.412 (sexual assault); R.413 (child molestation)
In sex crime cases, any prior, similar, wrongful sex act of the Accused (convicted conduct or not) may be introduced
The prosecutor must give advance notice of the sexual propensity evidence.
There is no time limit.
Impeachment of a witness for truthfulness [R.608]
A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness.
But evidence of a truthful character is admissible only after the witness’s character for truthfulness has been attacked.
Impeachment of a witness by evidence of the witness’ criminal conviction [R.609]
Crimes punishable by death or imprisonment for more than one year must be admitted into evidence, subject to R. 403, in a civil or criminal case in which the witness is not a defendant.
They must also be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect.
For any crime regardless of the punishment, the evidence must be admitted if the crime involved a dishonest act or false statement.
10 year limit.
Juvenile convictions limitations
When character is an essential element [Rule 405(b)].
In extremely limited cases, character evidence is admissible because character forms an essential element of the charge, claim or defense. Examples include:
- Moral fitness to practice law
- Truth as a defense in a libel action
Evidence used for a non-character purpose [R.404(b)(2)]
Evidence of other wrongs, crimes, or acts may be admissible to prove: motive, intent, preparation, knowledge, identity, opportunity, plan, modus operandi etc.
The prosecutor must provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial. .
Evidence of a habit [Rule 406]
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.
Evidence of similar Happenings
Admissible on a discretionary basis.
Evidence of Remedial Measures [R.407]
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or proving ownership, control, or the feasibility of precautionary measures.
Evidence of offers to compromise [R.408 (settlement agreements)/R.410 (plea bargains)]
Statements made during the negotiation of a settlement agreement or a plea bargain are not admissible to show liability or guilt.
Rule 405
Methods of proving character.
