Relevance and Character Evidence Flashcards
What is the standard for determining whether evidence is relevant?
Evidence is relevant if it has any tendency to make any fact of consequence more or less probable than it would be without the evidence
R402 Basic threshhold
All relevant evidence is admissible unless excluded by a specific rule
What is the difference between direct evidence and circumstantial evidence?
Direct: Evidence that, if believed, proves a fact without the need to draw another inference
Circumstantial: Evidence is circumstantial when in order to prove a set of facts, an inference must be drawn from another set of facts
What 2 components are contained in relevance?
Evidence must be both material (related to some issue in the case) and probative (having a tendency to prove or disprove some fact)
What procedure is followed when the relevance of evidence depends on a condition of fact?
Ct will admit evidence subject to introduction of other evidence
Under what circumstances can the court exclude relevant evidence under Rule 403?
When the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay, waste of time, needless presentation of cumulative evidence
What is character evidence?
Any document/testimony offered to prove that a person acted in a particular way on a particular occasion, based on that person’s disposition/character (propensity arg)
What is the general rule wrt character evidence?
Evidence of a person’s character is inadmissible to prove that he acted in conformity with that character
In what sorts of cases might character be an essential element, thus allowing character evidence?
When character is at issue
i.e. in defamation cases
If character is admissible as evidence in a case, what form(s) may it take?
Reputation or opinion testimony
What does it mean to say that character evidence is offered to prove “propensity?”
When offered to prove person acted in a certain way bc they are that type of person
When is evidence of a crime victim’s character admissible to prove propensity?
Generally permitted when the asserted defense makes it relevant (i.e. victim’s reputation for violence bc D is asserting self-defense)
Prosecutor may cross the reputation or opinion witness and may present witnesses of their own
When are specific acts admitted?
To show character if character is an essential element of a charge, claim or defense
Is character evidence admissible in criminal cases
Generally inadmissible to present evidence of D’s bad character to prove D has propensity to commit certain crimes and probably committed the crime in question
If a defendant offers proof of an alleged victim’s character or propensity for violence, may the prosecution offer evidence of the defendant’s character or propensity to commit fraud?
No, only evidence of same trait may be offered
When can D introduce his own good character?
Can do so when used to show it as inconsistent with type of crime charged. Evidence must be relevant to the crime
If character evidence is admissible in a criminal case to prove propensity, what form(s) may it take?
Opinion or reputation testimony
For what purposes may the prosecution introduce evidence of a criminal defendant’s prior crimes?
Not admissible to show propensity. But admissible for MIMIC Motive Intent Absence of mistake Identity Common plan or scheme
When is habit evidence admissible
A particular, regular routine is admissible to show that conduct on a particular occasion was in conformity with the habit
What does habit evidence refer to?
A narrow range of highly probative traits, namely automatic, invariable patterns of behavior.
Habit is a regular response to a given situation that is done without a high degree of forethought
DN need to be corroborated
