Evidence: Character Evidence Flashcards

Front 1

What is the general rule for admissibility of character evidence?

Back 1

Evidence of a person's character
or a trait of character is
not admissible
for the purpose
of proving action in conformity therewith
on a particular occasion.

Front 2

When can character evidence be admissible? 404(a)(1)

Back 2

Criminal case
- Defense can offer pertinent trait of accused
- prosecution can offer that same trait to rebut

Front 3

Homicide exception for FRE

Back 3

- D initiates and says V is the first aggressor and claims self-defnese.
- Prosecution - bring up peacefulness of Victim to prove not first agressor.

Front 4

Is there fingerpointing?

Back 4

Ask Kreitzberg

Front 5

What is the general rule for character evidence? What is not permitted?

Back 5

Evidence of a person's character trait to show action in conformity therewith is not admissible.

Front 6

What are the 6 exceptions to the general rule of exclusion?

Back 6

FRE 413 - similar offenses in a sexual assault prosecution
FRE 414 - similar offenses in a child molestation prosecution
FRE 415 - similar offenses in a civil action considering sexual action or child molestation
FRE 404(a)(1) - Character of accused
FRE 404(a)(2) - Character of Victim
FRE 404(A)(3) - Character of witness

Front 7

What does rule 404(a)(3) say about the admissibility of propensity-based character evidence for witnesses?

Back 7

It says that it is admissible as stipulated in rules 607, 608, and 609.

Front 8

What is needed for character propensity evidence to be admissible?

Back 8

The character trait needs to be pertinent. i.e. for a violence, peacefulness is pertinent, but peacefulness it not pertinent for embezzlement.

Front 9

What is the only character trait of a witness that is pertinent to the action?

Back 9

Truthfulness.

Front 10

What does rule 607 say about admissibility of character evidence for witnesses?

Back 10

Either party can attack W's credibility, even if it's their own witness.

Front 11

What does 608(a) say about admissiblity of propensity-based character evidence of W?

Back 11

Either party can bring untruthfulness.

Opponent can then rebut with truthfulness.

Form must be opinion or reputation.

Front 12

What is the permitted inference for 608(a)?

Back 12

Witness has a bad or good character for truthfulness and therefore is more or less likely to have lied in this case.

Front 13

What does rule 608(b) say about the admissibility of propensity-based character evidence for witnesses?

Back 13

Cross - can ask about specific acts of W
- attack or support W's truthfulness

-- Inference:past lies or similar conduct = evidence of general bad character for truthfulness that in conformity with bad truthfulness, he / she lying now.

Front 14

Wat does Rule 609 say about admitting character-based propensity evidence for witnesses?

Back 14

Either party can seek to impeach witness by showing permitted past conviction of a sufficiently serious or deceptive crime.
Inference: past crime is evidence of general immorality / lawlessness and so based on that trait, witness is lying now.

Front 15

What are the two character-evidence impeachments?

Back 15

1. evidence in form of opinion or reputation
2. Evidence of certain past convictions

Front 16

What are the three non-Character evidence impeachments?

Back 16

- Contradiction by past inconsistent statement.

- Contradiction by conflicting evidence of circumstances

- evidence of bias.

PIS.CC.B

Front 17

Which of the two "non-character" evidence modes of impeachment CAN be character evidence modes of impeachment?

Back 17

Contradiction by:
1. Past inconsistent statements
2. Conflicting evidence of circumstances.

PIS.CC.

Front 18

Tropocollagen

Back 18

Basic structural unit that is made of 3 polypeptide alpha chains w/ 1050 a.a. in each

Upon secretion of pro-collagen, the N and C terminus peptides are removed by pro-collagen peptidases to form tropocollagen

Self assembles into fibrils, each with 4 others in a staggered parallel array --> Fibrils then pack together to form collagen fibers

Front 19

What does FRE 412 say about bringing in propensity evidence for sex-offense cases under criminal?

Back 19

Can bring in specific acts to show:
- consent between victim and defendant
- source of semen, physical injury

Front 20

What is the general rule for 412?

Back 20

In civil and criminal proceedings, sexual conduct can't be brought in to show that the victim
- did other sexual behavior
- or has a sexual predisposition

EXCEPT for what (b) and (c) say

Front 21

What is the general about sexual conduct?

Back 21

Generally, sexual conduct to show propensity is not allowed.

Front 22

What's the deal with sexual assault under FRE 413?

Back 22

- criminal case
- evidence that D did some other similar offense of sexual assault
- it's admissible for whatever it's relevant for.

Front 23

What's the deal with child molestation under FRE 414?

Back 23

- criminal
- D accused of child molestation
- if D has a prior offense of child molestation
- admissible for any purpose that it's relevant for.

Front 24

What's the deal with sexual assault and child molestation under 415? for civil cases

Back 24

Do we need to know this?

Front 25

For Civil cases, can character evidence come in (FRE)?

Back 25

Generally speaking, no. Civil cases, no. Criminal cases - there are exceptions.

Front 26

What is the outline for Character Evidence approach?

Back 26

What kind of case is this? Is this civil or is this criminal?
Who are the parties?
What step are we, are we in the case-inchief, rebuttal, etc?
What is the evidence?
What is the form of the evidence?
What is the purpose of the evidence?