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10 Cards in this Set

  • Front
  • Back
Methods of Proving Character
1. By testimony of OPINION or REPUTATION. Court may allow on cross-exmanitation of the character witness, inquiry into relevant specific instances of the person's conduct.

2. By relevant specific instances if that trait/character is an essential element of a crime, defense, or claim.
General Prohibition on character evidence.
CE is not admissible to prove the on a PARTICULAR OCCASION the party acted in ACCORDANCE WITH the character trait.
Exceptions to the General "no CE" Rule
1. D offerse evidence of his own pertinent trait.

2. D offers evidence of the victim's pertinent trait.

3. Prosecutor offers evidence of V's peacefulness in a homicide case.

4. To impeach a witness with untruthfulness (rule 608-09)
General CE rule Exception:
D's own trait
IF this evidence is admitted, the prosecutor may rebut it
General CE rule Exception:
D's evidence of V's pertinent trait
If the evidence is admitted, the prosecutor may:
(i) Offer evidence to rebut it; and
(ii) Offer evidence of the defendant’s same trait
General CE rule Exception:
Pros.'s evidence of victim's peacefulness in homicide
in a homicide case, the prosecutor may offer evidence of the alleged victims trait of peacefulness to REBUT evidence that the victim was the first aggressor.

* this means that D must have alleged V was the first agressor
General CE rule Exception:
Character Evidence of Witness's
Exceptions in other cards.
Crimes or other Acts (kind of character evidence, but not)
General Prohibition Rule
Not admissible to prove a person’s character in order to show that on a PARTICULAR OCCASION the person acted in ACCORDANCE WITH THAT CHARACTER.
CRIMES/OTHER ACTS - Permitted Uses
Evidence of crime may be used to prove
1. motive,
2. opportunity,
3. intent,
4. preparation,
5. plan knowledge,
6. identity,
7. absence of mistake,
8. lack of accident
CRIMES/OTHER ACTS - Permitted Uses, prosecutor duty
If a prosecutor uses crime/other acts to prove one of the things on the list, then he must

1. Provide REASONABLE WRITTEN NOTICE of the GENERAL NATURE of any such evidence that the prosecutor intends to offer at trial; AND

2. Do so before trial - or if during court, show good cause/excuse for not doing so before trial.