Untruthful Character Evidence

Question 1

404

Answer 1

(a) character evidence:
(1) 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.
(3) evidence of a witness’s character may be admitted under 607, 608, 609.

Question 2

608(a)

Answer 2

(a) a witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character of truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But the evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

Question 3

608(b)

Answer 3

(b) except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for untruthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
(1) the witness; or
(2) another witness whose character the witness being cross-examined has testified about.

Question 4

609(a)

Answer 4

(a) the following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:
(1) for a crime that, in the convicting jurisdiction, was punishable by death or imprisonment for more than one year, the evidence:
(A) must be admitted, subject to 403,
In a civil case, or
In a criminal case in which the witness is not a defendant.

Question 5

609(a)(1)(B)

Answer 5

(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant.

Question 6

609(a)(2)

Answer 6

(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving, or the witness’s admitting, a dishonest act or false statement.

Question 7

609(b)

Answer 7

(b) this subdivision applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.

Question 8

609(c)

Answer 8

© evidence of a conviction is not admissible if:

(1) the conviction has been subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or imprisonment for more than one year; or
(2) the conviction has been subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

Question 9

609(d)

Answer 9

(d) evidence of a juvenile adjudication is admissible under this rule only if:
(1) it is offered in a criminal case;
(2) the adjudication was of a witness other than the defendant;
(3) an adult’s conviction for that offense would be admissible to attack the adult’s credibility; and
Admitting the evidence is necessary to fairly determine guilt or innocence.

Question 10

609(e)

Answer 10

(e) a conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.

Question 11

610

Answer 11

Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.

Question 12

106

Answer 12

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other party, or any other writing or recorded statement, that in fairness ought to be considered at the same time.

Question 13

405(a)

Answer 13

(a) when evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.

Question 14

405(b)

Answer 14

(b) when a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

Question 15

404(a)(2)

Answer 15

(2) the following exceptions apply in a criminal case:
(A) a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
(B) subject to the limitations in 412, a defendant may offer evidence of an alleged victim’s pertinent trait and if the evidence is admitted the prosecutor may:
(i) offer evidence to rebut it; and
(ii) offer evidence of the defendant’s same trait; and
© in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.

Question 16

404(b)(1)

Answer 16

(b) Crimes, Wrongs, or Other Acts.
(1) evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

Question 17

404(b)(2)

Answer 17

(2) this evidence may be admissible for another purpose, such as providing notice, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by defendant in a criminal case, the prosecutor must:
(A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and
(B) do so before trial, or during trial if the court for good cause, excuse lack of pretrial notice.

Question 18

412(a)

Answer 18

(a) the following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in other sexual behavior.
(2) evidence offered to prove a victim’s sexual predisposition.

Question 19

412(b)(1)

Answer 19

(1) the court may admit the following evidence in a criminal case:
(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;
(B) 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; and
© evidence whose exclusion would violate the defendant’s constitutional rights.

Question 20

412(b)(2)

Answer 20

(2) 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 if the victim has placed it in controversy.

Question 21

413

Answer 21

(a) in a criminal case in which a defendant is accused of a sexual assault [child molestation], the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant.

Question 22

414

Answer 22

© this rule does not limit the admission or consideration of evidence under any other rule.

Question 23

415

Answer 23

(a) in a civil case involving claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in 413 and 414.

Question 24

406

Answer 24

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.