Character Evidence

Question 1

Rule 404 (a)(1)

Answer 1

Character evidence for crimes or prior acts
prohibited uses
character evidence is not admissible to prove D acted a certain way on a particular occasion

Question 2

Rule 404 (a)(2)(a)

Answer 2

Mercy Rule

D may offer evidence of the D pertinent trait; if admitted prosecutor can offer evidence to refute it

Question 3

Rule 404 (a)(2)(b)

Answer 3

a D may offer evidence of an alleged V pertinent trait
if so
- prosecutor may refute
-or offer evidence to D same trait

Question 4

Rule 404 (a)(2)(c)

Answer 4

Character Evidence Homicide Case

prosecutor may offer evidence of the V peacefulness to rebut evidence that V was the first agressor

Question 5

Rule 405 (a)

Answer 5

methods of proving character
By reputation or opinion
must be direct examination

Question 6

Rule 405 (b)

Answer 6

methods of proving character
by specific instances of conduct
when a character trait is an essential element of a charge, claim, or defense it is admissible
must be cross-examined

Question 7

Rule 406

Answer 7

Habit

evidence of a habit may be admitted to prove someone acted a certain way on a particular occasion

Question 8

Rule 412 (a)

Answer 8

sex-offense cases
following evidence is not admissible
1. evidence offered to prove that a victim engaged in other sexual behavior
2. evidence offered to prove a victim’s sexual predisposition

Question 9

Rule 412 (b)(1)

Answer 9

Criminal Cases Exceptions
court may admit the following evidence
a. evidence of sex acts to prove someone else was the source of the (semen, assault, rape)
b.evidence of specific instances of a victim’s sexual with respect to to prove consent or if offered by prosecutor
c. evidence whose exclusion would violate the D constitutional rights

Question 10

Rule 412 (b)(2)

Answer 10

civil cases exceptions
may admit if its probative value substantially outweighs the danger of harm to any victim and unfair prejudice to any party

Question 11

Rule 413

Answer 11

similar crimes in sexual-assault cases

may admit evidence of a D prior sexual assault

Question 12

Rule 414

Answer 12

similar crimes in child molestation cases

may admit evidence of a D prior child molestation

Question 13

Rule 415

Answer 13

similar acts in civil cases involving sexual assault or child molestation
civil rule same as 414,413