Impeachment & character evidence Flashcards
Rule 404.a.1 (character evidence prohibited uses)
Character evidence is not admissible to prove that on a particular occasion, the person acted in accordance w/ the character trait.
Who may use the rule 404 character evidence exceptions?
Defendants or victims in a criminal case
What type of character evidence can a defendant offer? (404.a.2.A)
1) Evidence of their pertinent trait, if admitted the prosecutor can offer evidence to rebut.
2) an alleged victim’s pertinent trait
once evidence of an alleged victim’s pertinent trait is admitted what can the prosecutor do?
offer evidence to rebut or offer evidence of the D’s same trait
When can the prosecutor offer evidence (404.a.3)
During a homicide case, to prove the alleged victim’s peacefulness to rebut that they were the first aggressor.
What are some examples of pertinent traits?
Peacefulness (COV)
Truthfulness (deception)
Law abidingness (all crimes)
Rule 404.b.1 (prior acts prohibited uses)
Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion, the person acted in accordance w/ their character.
When may prior acts evidence be admissible?
proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident
How may character be proved? (405)
by testimony about the person’s reputation or by testimony in the form of an opinion.
When can specific instances be used in proving character?
On cross-examination
Who is allowed to impeach a witness?
Any party
How may a witness’s credibility be attacked?
testimony about the witness’s reputation or testimony in the form of an opinion about that character.
If your witness’s credibility is attacked can you introduce evidence of truthfulness to rehabilitate?
evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
When can lay persons offer opinion testimony?
When the opinion is
1) rationally based on the witness’s perception
2) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
3) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702
Lay opinions must also be…
the product of reasoning processes familiar to the average person in everyday life. “could a lay person rationally have this opinion?”
How does someone become an expert?
They must be qualified as an expert through knowledge, skill, training, or education.
When can an expert testify?
if the proponent demonstrates to the court that it is more likely than not that:
1) their knowledge will be helpful
2) testimony is based on sufficient facts/data
3) testimony is the product of reliable principles/methods; and
4) their opinion reflects a reliable application of the principles and methods to the facts of the case
When is expert testimony helpful?
if it either assists the jury in understanding the evidence or determining a fact in issue.
