Create
Learn
Share

Evidence 101 Character Evidence

rename
tafamulo's version from 2015-06-25 13:37

Other Evidence Pages:

 

Evidence 101 Character Evidence     Evidence 101 Hearsay     Evidence 101 Quasi-Privileges     
Evidence 101 Witnesses    Evidence 101 Opinions and Expert Testimony     Evidence 101 Relevance    
Evidence 101 Other    Evidence 101 General Provisions
Evidence 101 Contents Of Writings, Recordings and Photographs

Character

RuleTitle
404Character Evidence; Crimes or Other Acts
404(a)(1)Character Evidence; Prohibited Uses
404(a)(2)Character Evidence; Exceptions for a Defendant or Victim in a Criminal Case
404(b)(1)Crimes, Wrongs, or Other Acts; Prohibited Uses
404(b)(2)Crimes, Wrongs, or Other Acts; Permitted Uses; Notice in a Criminal Case
405Methods of Proving Character
405(a)Methods of Proving Character; By Reputation or Opinion
405(b)Methods of Proving Character; By Specific Instances of Conduct
406Habit; Routine Practice
412Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition
412(a)Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition; Prohibited Uses
412(b)(1)Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition; Exceptions; Criminal Cases
412(b)(2)Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition; Exceptions; Civil Cases
412(c)Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition; Procedure to Determine Admissibility
413Similar Crimes in Sexual-Assault Cases
413(a)Similar Crimes in Sexual-Assault Cases; Permitted Uses
413(b)Similar Crimes in Sexual-Assault Cases; Disclosure to the Defendant
413(c)Similar Crimes in Sexual-Assault Cases; Effect on Other Rues
413(d)Similar Crimes in Sexual-Assault Cases; Definition of "Sexual Assault"
414Similar Crimes in Child-Molestation Cases
414(a)Similar Crimes in Child-Molestation Cases; Permitted Uses
414(b)Similar Crimes in Child-Molestation Cases; Disclosure to the Defendant
414(c)Similar Crimes in Child-Molestation Cases; Effect on Other Rules
414(d)Similar Crimes in Child-Molestation Cases; Definition of "Child" and "Child Molestation"
415Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
415(a)Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation; Permitted Uses
415(b)Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation; Disclosure to the Opponent
415(c)Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation; Effect on Other Rules
memorize

 

RuleLanguage
character evidence ; prohibited useEvidence 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.
character evidence; exceptions for a def.or victim in a criminal caseThe 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 Rule 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
    (C) in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peaceful- ness to rebut evidence that the victim was the first aggressor.
crimes, wrongs, or other acts; prohibitedEvidence of a crime, wrong, or other 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.
crimes, wrongs, or other acts; permitted uses; notice in a criminal caseThis evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a 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, excuses lack of pretrial notice.
methods of proving characterWhen 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.
proving character by reputation or opinionWhen 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.
habit, routine practiceEvidence 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.
victims sexual behavior or predisposition; prohibited uses.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; or
    (2) evidence offered to prove a victim’s sexual predisposition.
VSB, exceptions, criminal casesThe 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
    (C) evidence whose exclusion would violate the defendant’s constitutional rights.
VSB,exceptions, civil casesIn 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.
VSB, procedure to determine admissibilityProcedure to Determine Admissibility.
  (1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:
    (A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;
    (B) do so at least 14 days before trial unless the court, for good cause, sets a different time;
    (C) serve the motion on all parties; and
    (D) notify the victim or, when appropriate, the victim’s guardian or representative.
  (2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.
similar crimes in sexual assault cases; permitted usesIn a criminal case in which a defendant is accused of a sexual assault, 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.
SCSA; Disclosure to the defendantIf the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
SCSA; definition of "sexual assault"In this rule and Rule 415, “sexual assault” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:
    (1) any conduct prohibited by 18 U.S.C. chapter 109A;
    (2) contact, without consent, between any part of the defendant’s body — or an object — and another person’s genitals or anus;
    (3) contact, without consent, between the defendant’s genitals or anus and any part of another person’s body;
    (4) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; or
    (5) an attempt or conspiracy to engage in conduct described in subparagraphs (1)-(4).
Child molestation; permitted useIn a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant.
CM; disclosure to the defendantIf the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
CM; DefinitionIn this rule and Rule 415:
  (1) “child” means a person below the age of 14; and
  (2) “child molestation” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:
    (A) any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child;
    (B) any conduct prohibited by 18 U.S.C. chapter 110;
    (C) contact between any part of the defendant’s body — or an object — and a child’s genitals or anus;
    (D) contact between the defendant’s genitals or anus and any part of a child’s body;
    (E) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on a child; or
    (F) an attempt or conspiracy to engage in conduct described in subparagraphs (A)–(E).
CM; civil permitted useIn a civil case involving a 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 Rules 413 and 414.
CM; civil disclosure to the opponentIf a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witnesses’ statements or a summary of the expected testimony. The party must do so at least 15 days before trial or at a later time that the court allows for good cause.
memorize