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19 Cards in this Set
- Front
- Back
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reputation or opinion evidence: character is directly in issue
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FRE--> yes, 405(a)
CEC-->yes, 1100 FRE405(a): Reputation or Opinion In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. CEC 1100: Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and evidence of specific instances of such a person's conduct) is admissible to prove a person's character or a trait of his character. |
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to show something other than character (1)
name the examples |
intent, plan, motive, knowledge, negate accident or mistake, preparation, opportunity
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reputation or opinion evidence:
to show something other than character (2) |
FRE --> no, 404(a)
CEC --> no, 1101(a) FRE 404(a) Character Evidence Generally: 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, EXCEPT: CEC 1101(a) 1101: Evidence of character to prove conduct: (a) Except as otherwise provided in this section and 1102-3, 08-09, evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, and evidence of specific instances of such a person's conduct) is inadmissible when offered to prove his or her conduct on a specific occasion. |
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evidence of specific acts:
character is directly at issue |
FRE --> yes, 405(b)
CEC --> yes, 1100 FRE 405(b) (b) Specific Instances of conduct: In cases in which character or a trait of 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. CEC 1100 Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and evidence of specific instances of such a person's conduct) is admissible to prove a person's character or a trait of his character. |
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evidence of specific acts
to show something other than character |
FRE --> yes, 404(b)
CEC --> yes, 1101(b) 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, during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial. CEC 1101(b) Nothing in this section prohibits the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absnce of mistake or accident, or whether a defendant in a prosecution for an unlawful sexual act or attempted unlawful sexual act did not reasonably and in good faith believe that the victim consented) other than his or her disposition to commit such an act. |
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reputation or opinion evidence:
to show conduct or propensity of defendant in criminal case |
FRE--> yes, 404(a)(1)
CEC--> yes, 1102 404(a)(1) Character of Accused: In a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution CEC 1102: In a criminal action, evidence of the defendant's character or a trait of his character in the form of an opinion or evidence of his reputation is not made indamissible by 1101 (character evidence to prove conduct) if such evidence is: (a) offered by the defendant to prove his conduct in conformity with such character or trait of character; (b) Offered by the prosecution to rebut evidence adduced by the defendant under subdivision (a). |
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evidence of specific acts:
to show conduct or propensity of defendant in criminal case |
FRE--> yes but limited to
(413) sexual assault (414) child molestation cross exam of character witnesses CEC--> yes, but limited to (1108) sex offenses (1109) domestic violence -rebuttal of attack on victim's character -cross exam of character witnesses |
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reputation or opinion evidence:
to show conduct or propensity of non-rape victims |
FRE--> yes, limited 404(a)(2)
CEC--> yes, 1103(a) FRE 404(a)(2): Character of Alleged Victim: In a criminal case, and subject to limitations imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor; CEC 1103(a): (a) In a criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by 1101 if the evidence is: (1) offered by the defendant to prove conduct of the victim in conformity with the character or trait of character (2) offered by the prosecution to rebut evidence adduced by the defendant under (1) |
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evidence of specific acts:
to show conduct or propensity of non-rape victims |
FRE --> yes, limited 405(a)
only through cross exam CEC --> yes, 1103(a) FRE 405(a): (a) Reputation or Opinion In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. CEC 1103(a): (a) In a criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by 1101 if the evidence is: (1) offered by the defendant to prove conduct of the victim in conformity with the character or trait of character (2) offered by the prosecution to rebut evidence adduced by the defendant under (1) |
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reputation or opinion evidence:
to show conduct or propensity of rape victims |
FRE--> no, 412(a)
CEC --> no, 1103(c) FRE 412(a): (a) Evidence generally admissible. The following evidence in not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in (b) and (c) (1) Evidence offered to prove that any alleged victim engaged in other sexual behavior (2) Evidence offered to prove any alleged victim's sexual predisposition CEC 1103(c) ...opinion evidence, reputation evidence, and evidence of specific instances of the complaining witness's sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the complaining witness. |
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evidence of specific acts:
to show conduct or propensity of rape victims |
FRE--> no, except below, 412(b)
CEC --> no, except below, 1103(c) FRE 412(b) Exceptions: (1) In a criminal case, the following evidence is admissible, if otherwise admissible under these rules: (A) evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury or other phsyical evidence CEC 1103(c) ...opinion evidence, reputation evidence, and evidence of specific instances of the complaining witness's sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the complaining witness. CEC 1103(c) ... (1). . . opinion evidence, reputation evidence, and evidence of specific instances of the complaining witness' sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the complaining witness (2) evidence of the manner in which the victim was dressed at the time of the commission of the offense shall not be admissible when offered by either party on the issue of consent in any prosecution for an offense specificied in (1) etc etc |
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reputation or opinion evidence:
to show conduct or propensity in civil cases |
FRE--> no, 404(a)
CEC --> no, exception below, 1101(a) (1106) loss of consortium FRE 404(a) (a) Character Evidence Generally: 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, EXCEPT: CEC 1101(a) (a) Except as otherwise provided in this section and 1102-3, 08-09, evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, and evidence of specific instances of such a person's conduct) is inadmissible when offered to prove his or her conduct on a specific occasion. |
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evidence of specific acts:
to show conduct or propensity in civil cases |
FRE--> no, except
413 sexual assault 414 child molestation CEC-->no, except 1106 loss of consortium |
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reputation or opinion evidence:
to show credibility of witness [honesty/veracity] |
FRE--> yes, § 608(a)
CEC--> Crim: yes, prop 8 Civ: yes § 790 FRE 608(a) (a) Opinion and reputation evidence of character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. CEC 790 Evidence of the good character of the witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the purpose of attacking his credibility. |
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Beagle factors
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consider balancing probative value of prior convictions offered pursuant to 788:
1. convictions with little direct bearing on veracity should be excluded 2. even convictions involving dishonesty should be excluded if they are remote in time and the witness has led a blameless life since the conviction 3. if conviction is same as conduct witness accused of in trial, should be excluded for risk of jury misuse as propensity evidence 4. if convictions are numerous, court should restrict number to avoid prejudice 5. convictions should be excluded if they deter the witness from testifying |
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evidence of convictions:
to show credibility of witness [honesty/veracity] |
FRE --> 608(b) felony or dishonesty
CEC--> Crim: yes, prop 8 Civ: §788 felony FRE 608(b) (b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness of another witness as to which character the witness being corss-examined has testified. CEC §788 An exception to 787's rule of not allowing specific instances of conduct where the evidence of the witness' misconduct consists of his conviction of a felony. This can be shown by: 1. examination of the witness 2. by the record of judgment unless (other things) |
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evidence of non-convictions:
to show credibility of witness [honesty/veracity] |
FRE--> 608(b) cross exam only
CEC --> Crim: yes, prop 8 Civ: no, § 787 FRE 608(b) (b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness of another witness as to which character the witness being corss-examined has testified. CEC 787: Specific Instances of Conduct: Subject to 788, evidence of specific instances of a witness's conduct is inadmissible to prove a trait of his character for the purpose of attacking or supporting his crediblity. |
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FRE habit rule
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406 Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regradless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or ogranization on a particular occasion was in conformity with the habit or routine practice.
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the only character trait which is relevant to charge the credibility of a witness
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FRE 608(a) "honesty or veracity"
CEC 780(a) and 786 "honesty or veracity, or their opposites" |
