Short and Happy Guide Chapter 5 - Character Evidence Flashcards
The rules themselves do not provide a definition of what character evidence is. True or False.
True
The 7th circuit has described it as evidence that refers to elements of one’s disposition, such as honesty, temperance, or peacefulness, which shows a propensity to act a certain way in a certain situation.
Character Evidence
Evidence regarding someone’s general propensity traits or propensities, of a praiseworthy or blameworthy nature; evidence of a person’s moral standing in a community.
Character Evidence
___________ _________ is often expressed in terms such as she’s a liar, he’s a thief, she’s always angry, he’s a killer, she’s forgetful, he’s violent, etc.
Character Evidence
We care about character evidence because of the concern that evidence of a person’s character might be used to persuade a fact-finder that a person did something, or acted in some way, because of their “_________” alone.
character
For example, suppose that Judy had been convicted of stealing diamonds. Currently, Judy is on trial for theft of diamonds. As a prosecutor, you would certainly want the jury to hear about the prior convictions, right? Sure! The thought being that if she committed four previous diamond thefts she, more likely than not, committed this one. A prosecutor would try to use those prior convictions to aid in obtaining this conviction. The rules of character evidence attempt to protect the defendant in circumstances such as these. After all, those prior convictions do not mean that Judy committed this particular crime, do they? !
!!
Character Evidence; Other Crimes, Wrongs or Acts
Rule 404
Methods of Proving Character
Rule 405
Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition.
Rule 412
Similar Crimes in Sexual- Assault Cases
Rule 413
Similar Cases in Child-Molestation Cases
Rule 414
Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
Rule 415
Who May Impeach
Rule 607
A witness’s Character for Truthfulness or Untruthfulness.
Rule 608
Impeachment by Evidence of a Criminal Conviction
Rule 609
Character Evidence is impacted by three different things:
1. ?
2.
3.
- The purpose for which the character evidence is offered.
Character Evidence is impacted by three different things:
1.
2. ?
3.
- the method used to prove the character evidence; and
Character Evidence is impacted by three different things:
1.
2.
3. ?
- Whether the case is a criminal case or a civil case
Character Evidence is impacted by three different things:
1.
2.
3.
- The purpose for which the character evidence is offered;
- the method used to prove the character evidence; and
- whether the case is a criminal case or a civil case
Rule ________ sets out the initial prohibition: “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. That is the starting point.
Rule 404(a)(1)
Start Here.
Does the evidence in question relate to a person’s character or character trait? FRE 404(a)(1).
If yes, Is the evidence being offered to prove that on a particular occasion, the person acted in accordance with the character or character trait? FRE 404(a)(1).
If yes, Is the evidence that of a witness’s character? (that is, someone actually testifying at trial) FRE 404(a)(3).
If no, is this a criminal case?
If no, if you have traveled this far through the chart, then no exceptions apply and the character evidence, or character trait, will not be admitted. !
!1
Does the evidence in question relate to a person’s character or character trait? FRE 404(a)(1).
If no,
Rule 404 does not apply.
Does the evidence in question relate to a person’s character or character trait? FRE 404(a)(1).
If yes, Is the evidence being offered to prove that on a particular occasion, the person acted in accordance with the character or character trait? FRE 404(a)(1).
If no,
Rule 404 does not apply.
Does the evidence in question relate to a person’s character or character trait? FRE 404(a)(1).
If yes, Is the evidence being offered to prove that on a particular occasion, the person acted in accordance with the character or character trait? FRE 404(a)(1).
If yes, is the evidence that of a witness’s character? (That is, someone actually testifying at the trial) FRE 404(a)(3).
If yes, Potential Exceptions include rules:
1.
2.
3.
FRE 404(a)(3)
- 607
- 608, and
- 609
govern the admission of evidence.
Does the evidence in question relate to a person’s character or character trait? FRE 404(a)(1).
If yes, Is the evidence being offered to prove that on a particular occasion, the person acted in accordance with the character or character trait? FRE 404(a)(1).
If yes, is the evidence that of a witness’s character? (That is, someone actually testifying at the trial) FRE 404(a)(3).
If no, is this a criminal case? FRE 404(a)(2)
If yes, In ________ _______, certain exceptions apply to Defendants and Victims. Rule 404(a)(2) sets out those exceptions.
criminal cases
At this point, you have determined whether character or trait evidence will, or will not, be admitted. If it is inadmissible, your analysis is complete. If it is admissible, then you must turn to Rule _____. Rule ____ sets forth the methods by which one may prove character evidence. There is never a reason to look at Rule _____, unless you have determined that character evidence is admissible under 404.
Rule 405
405
405
The first exceptions listed under the Rule 404(a)(2)(A), (B), and (C) apply potentially to defendants and victims in _________ _________ only. Do not forget that you will not be looking at these exceptions unless you are attempting to admit evidence under 404(a)(1).
Criminal Cases
Rule 404(a)(2)(A)
A defendant’s Character in a Criminal Case
A ________ may offer evidence of her pertinent character trait. Rule 404(a)(2)(A).
defendant
If you consider policy behind the prohibition (consider the story of the diamond thief above), then it makes sense that a criminal defendant should be permitted to offer evidence of her own ___________. Rule 404(a)(2)(A).
character
If the diamond thief thinks evidence of a particular character trait will help her, she can take the risk and have the evidence admitted. What rule?
Once admitted – the prosecutor may offer evidence to _______ it.
Rule 404(a)(2)(A)
rebut
Rule 404(a)(2)(B)
A Victim’s Character Offered by a Defendant in a Criminal Case.
__________ may offer evidence of the ________ pertinent character trait. However, the admission of this evidence is subject to the limitations in Rule 412.
defendants
victims
Just as with the defendant’s character, once admitted – the prosecution may offer evidence to rebut it; and, the prosecution may offer evidence of the __________ same character trait. Rule 404(a)(2)(B).
defendants
Rule 404(a)(2)(C)
A Victim’s Trait of Peacefulness in a Homicide Case
In ______ cases (and ONLY in ______ cases - don’t forget this), the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor. Rule 404(1)(2)(C).
homicide
homicide