Relevance, Character Evidence, Other limits Flashcards
In Virginia, the results of polygraphs are
Inadmissible Under VRE 402
Generally, evidence of a character trait when offered to prove propensity is
inadmissible under both the federal rules and VRE 404(a)
Allowing character evidence in for purposes other than propensity, is admissible such as to show
Motive,
identity,
absence of mistake, intent,
common plan or scheme
In Criminal cases, a defendant can open the door to evidence of a
Pertinent trait of his own character to prove propensity
When asserting self-defense, a Victim can open the door and introduce evidence of a
Victim’s violent character
Once a Criminal Defendant opens the door to propensity evidence the prosecution
Can rebut that character evidence
When a Defendant offers evidence of his awareness of the Victim’s propensity for violence that is not
propensity evidence. It is evidence of Communicated character
The Federal rules of evidence allows character evidence by
Reputation or Opinon
(not specific bad acts)
The Virgina rules of evidence allows character evidence by
Reputation testimony only
When a defendant offers evidence of self-defense hey may
offer evidence of specific act of violence by the victim
In Federal court, evidence of a persons “regular response to repeated situations” is admissible has
Habit evidence in both criminal and civil cases
In Virgina, habit evidence is expressly limited to
civil cases