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Evidence > Short and Happy Guide Chapter 5 - Character Evidence (p.106) > Flashcards

Short and Happy Guide Chapter 5 - Character Evidence (p.106) Flashcards

1
Q

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.

A

404(b)(1)

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1
Q

While 404(a) addresses _______ ______ such as reputation and opinion concerning a person’s honesty and integrity, Rule 404(b) addresses ________ _______.

A

character evidence

specific conduct

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2
Q

404(b) the evidence is not admissible to show that on a particular occasion the person acted in _________ with the _______.

A

accordance with the character

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3
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1. ?
2.
3.
4.
5.
6.
7.
8.
OR
9.

A
  1. Motive
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4
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2. ?
3.
4.
5.
6.
7.
8.
OR
9.

A
  1. Opportunity
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5
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3. ?
4.
5.
6.
7.
8.
OR
9.

A
  1. Intent
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6
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3.
4. ?
5.
6.
7.
8.
OR
9.

A
  1. Preparation
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7
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3.
4.
5. ?
6.
7.
8.
OR
9.

A
  1. Plan
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8
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3.
4.
5.
6. ?
7.
8.
OR
9.

A
  1. Knowledge
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9
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3.
4.
5.
6.
7. ?
8.
OR
9.

A
  1. Identity
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10
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3.
4.
5.
6.
7.
8. ?
OR
9.

A
  1. Absence of Mistake
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11
Q

404(b)(2) Other Crimes, Wrongs, or Acts.

Permitted Uses. This evidence may be admissible for another purpose, such as proving
1.
2.
3.
4.
5.
6.
7.
8.
OR
9. ?

A
  1. Lack of Accident
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12
Q

Rule 404(b)(2) provides a list of exceptions, but they are only examples. True or False.

A

True

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13
Q

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

A

identity

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14
Q

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 _______ ______ ______.

A

Rule 412

Rape Shield Law

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15
Q

Rule 412: In both civil and criminal cases involving alleged sexual misconduct, Rule 412 prohibits evidence to prove:
1.
2.

A
  1. That a victim engaged in other sexual behavior; or
  2. A victim’s sexual predisposition
16
Q

Rule 412: In both ______ and _______ cases involving alleged sexual misconduct, Rule 412 prohibits evidence to prove:
1. That a victim engaged in other sexual behavior or
2. A victim’s sexual predisposition

A

civil and criminal

17
Q

In criminal cases, Rule 412(b)(1) provides three circumstances in which evidence may be admitted:
1. ?
2.
3.

A
  1. evidence of specific instances of a victim’s sexual behavior if offered to prove that someone other than the defendant was the source of the semen, injury, or other physical evidence. Rule 412(b)(1)(A)
18
Q

In criminal cases, Rule 412(b)(1) provides three circumstances in which evidence may be admitted:
1.
2. ?
3.

A
  1. Evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor. Rule 412(b)(1)(B).
19
Q

In criminal cases, Rule 412(b)(1) provides three circumstances in which evidence may be admitted:
1.
2.
3. ?

A
  1. Evidence which exclusion would violate the defendant’s constitutional rights. Rule 412(b)(1)(C)
20
Q

Example: Johnny offers evidence from Tim that Jenny had “rough sex” with him the night before she had sex with Johnny. Therefore, the bruises she suffered came from Tim, not Johnny.

What does this refer to?

A

Evidence of specific instances of a victim’s sexual behavior if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence. Rule 412(b)(1)(A)

21
Q

Example: Johnny offers evidence that he and Jenny had been intimate for the past six months. He offers this evidence to prove that the intercourse between Jenny and Johnny was consensual.

What does this refer to?

A

Evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor. Rule 412(b)(1)(B)

22
Q

Explanation: The exclusion of any evidence which violates the constitutional rights of the defendant would be improper. This provision merely sets out that premise in black and white.

What does this refer to?

A

Evidence which exclusion would violate the defendant’s constitutional rights. Rule 412(b)(1)(C).

23
Q

While the exceptions 412(b)(1)(A)-(C) apply only to criminal cases, Rule 412(b)(2) sets out the exception in civil cases:

“In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.”

“The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.”

True or False.

A

True

24
Q

Sexual Assault Cases - Criminal
What rule?

A

413

25
Q

Rule 413 governs character evidence in sexual assault cases. Unlike the previous rules, this is a permissible rule, not a prohibition. Also, it only applies to criminal cases. True or False.

A

True

26
Q

Rule 413
Requirements:
1.
2.

Result:

A
  1. Criminal case and
  2. Defendant accused of sexual assault

Result: Court may admit evidence that the defendant committed any other sexual assault

27
Q

Rule 413 does NOT have a _____ ______ as to how old the former sexual assault must be to prevent admission.

A

time limit

28
Q

Child- Molestation Cases - Criminal
What rule?

A

414

29
Q

Rule 414
Requirements:
1.
2.
Result:

A
  1. Criminal case and
  2. Defendant accused of child molestation

Result: Court may admit evidence that the defendant committed any other child molestation.

30
Q

The fourth circuit held that when analyzing evidence to be admitted per Rule 414, under a Rule 403 analysis, a court should consider a number of factors, including
1. ?
2.
3.
4.
5.

While Rules 413 and 414 address the admission of these kinds of evidence in criminal cases, Rule 415 addresses the admission of both types of evidence in civil cases.

A
  1. The similarity between the previous offense and the charged crime
31
Q

The fourth circuit held that when analyzing evidence to be admitted per Rule 414, under a Rule 403 analysis, a court should consider a number of factors, including
1.
2. ?
3.
4.
5.

While Rules 413 and 414 address the admission of these kinds of evidence in criminal cases, Rule 415 addresses the admission of both types of evidence in civil cases.

A
  1. The temporal proximity between the two crimes
32
Q

The fourth circuit held that when analyzing evidence to be admitted per Rule 414, under a Rule 403 analysis, a court should consider a number of factors, including
1.
2.
3. ?
4.
5.

While Rules 413 and 414 address the admission of these kinds of evidence in criminal cases, Rule 415 addresses the admission of both types of evidence in civil cases.

A
  1. The frequency of the prior acts
33
Q

The fourth circuit held that when analyzing evidence to be admitted per Rule 414, under a Rule 403 analysis, a court should consider a number of factors, including
1.
2.
3.
4. ?
5.

While Rules 413 and 414 address the admission of these kinds of evidence in criminal cases, Rule 415 addresses the admission of both types of evidence in civil cases.

A
  1. The presence or absence of any intervening acts; and
34
Q

The fourth circuit held that when analyzing evidence to be admitted per Rule 414, under a Rule 403 analysis, a court should consider a number of factors, including
1.
2.
3.
4.
5. ?

While Rules 413 and 414 address the admission of these kinds of evidence in criminal cases, Rule 415 addresses the admission of both types of evidence in civil cases.

A
  1. The reliability of the evidence of the past offense
35
Q

Sexual Assault or Child Molestation Cases - Civil
What rule?

A

415

36
Q

This rule addresses evidence of sexual assault and evidence of child molestation. This rule has requirements that are similar to Rules 413 and 414.
What rule?

A

Sexual Assault or Child Molestation Cases - Civil Rule 415

37
Q

Rule 415
Requirements
1.
2.
(a)
(b)

Result:

A
  1. civil and
  2. case involves a cilm for relief based on a party’s alleged:
    (a) sexual misconduct
    (b) child molestation.

Result: Court may admit evidence that the defendant committed any other sexual assault or child molestation

38
Q
A

Evidence (32 decks)

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