Character & Propensity Evidence

Question 1

404: Propensity

Answer 1

Prohibits evidence of past events, or crimes, that is brought to show that the party acted in a particular way in the present case. But maybe allowed to show motive, intent, opportunity, preparation, plan, knowledge, identity, or other instances.

Question 2

Modus operandi

Answer 2

Evidence to prove that a prior action and the present action are so similar that no other person could have commissioned the crime

Question 3

404 Test

Answer 3

(1) Whether the evidence has some ‘special relevance’ independent of its ability to show criminal propensity
(2) If the evidence has ‘special relevance’ to the material issue, then the court must apply a 403 test

Question 4

Evidence to Show Identity (Propensity)

Answer 4

There must be a high-degree of similarity, but not an exact match–there must be some highly distinctive quality with the two events in common

Question 5

Reverse 404 Evidence

Answer 5

When D brings evidence of another crime to show that it was not them who acted–less similarities are needed between the events because the risk of prejudice against the defendant is no longer at issue

Question 6

Propensity Evidence of Uncharged crimes

Answer 6

Such evidence needs a finding that under a proponderence of the evidence that the jury could support the alleged fact