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10 Cards in this Set

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FRE 404(b)
Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, or the general nature of any such evidence if intends to introduce at trial.
US v. Trenkler
Bomb that killed police officer was similar to another bomb made by Trenkler. When Trenkler was charged with crime, could they offer evidence of the other bomb to establish Trenkler’s identity as the builder of the bomb that killed the police officer? According to Rule 404(b) the bomb was similar enough to allow as evidence to establish Trenkler’s identity as the builder of the bomb.
Res Gestae
Things done; facts that form the environment of a litigated issue and are admissible evidence.
US v. Stevens
A white man and woman were robbed and sexually assaulted by Stevens, a black man they later identified. Stevens tried to offer reverse 404(b) evidence that another black man who was similarly robbed did not identify Stevens as the assailant. He also had an expert witness testify that cross-racial identifications were unreliable. The court held that the admissibility of “reverse 404(b)” evidence depends on a balancing of the evidence’s probative value against considerations such as undue waste of time and confusion of the issues (probative value under rule 401 is not outweighed by rule 403 considerations).
FRE 405(b)
Specific instances of conduct. In cases in which character or a trait of a character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct.
FRE 609(A)
(a) General rule.

For the purpose of attacking the character for truthfulness of a witness,

(1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and

(2) evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness.
FRE 609(B)
(b) Time limit.
Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.
FRE 609(C)
(c) Effect of pardon, annulment, or certificate of rehabilitation.
Evidence of a conviction is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
FRE 609(D)
(d) Juvenile adjudications.
Evidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.
FRE 609(E)
(e) Pendency of appeal.
The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.