Short and Happy Guide Chapter 5 - Character Evidence (p.106) Flashcards
Judy had been convicted of theft (stealing diamonds) on four prior occasions. Currently, Judy is on trail for theft - of diamonds. As a prosecutor, you want the jury to hear about the four prior convictions. The reasoning being that if Judy 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. However, Rule ________ prohibits the admissibility of those prior crimes if the prosecution is trying to show that, because Judy committed those prior crimes, she must have committed this jewel heist for which she is currently on trial.
404(b)(1)
While 404(a) addresses _______ ______ such as reputation and opinion concerning a person’s honesty and integrity, Rule 404(b) addresses ________ _______.
character evidence
specific conduct
404(b) the evidence is not admissible to show that on a particular occasion the person acted in _________ with the _______.
accordance with the character
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
1. ?
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- Motive
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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2. ?
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OR
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- Opportunity
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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3. ?
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OR
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- Intent
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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4. ?
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OR
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- Preparation
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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5. ?
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OR
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- Plan
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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6. ?
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OR
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- Knowledge
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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OR
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- Identity
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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8. ?
OR
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- Absence of Mistake
404(b)(2) Other Crimes, Wrongs, or Acts.
Permitted Uses. This evidence may be admissible for another purpose, such as proving
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OR
9. ?
- Lack of Accident
Rule 404(b)(2) provides a list of exceptions, but they are only examples. True or False.
True
What exception may apply to Judy so that her four prior theft convictions are admissible? Suppose that at all of Judy’s previous thefts, she left a long-stemmed white rose behind, as her “signature.” On the most recent occasion, the thief also left a long-stemmed white rose. Evidence of the previous thefts and the “signature” roses would suggest that Judy also committed this theft. The roses would help prove ________.
Does this mean that it was definitely Judy? Certainly not. A copy-cat might have left the white rose to throw the police off her trial to implicate Judy. Nevertheless, under the rule, the evidence of the previous thefts would be admissible as an exception
identity
In cases involving sexual assault, defense lawyers would, on occasion, go on the attack of the victim and attempt to make her out as the aggressor. The idea being that whatever may have happened on the occasion in question in the current trial should be considered in light of past relationships. If, for example, a woman was sexually active then, on the occasion in question, her lack of consent should be considered in light of her past sexual exploits.
The rule-makers figured out that a rule was needed to stop this tactic. And now we have it Rule _______ known as the _______ ______ ______.
Rule 412
Rape Shield Law