Evidence Relevance / Character Evidence / Other Acts

Front 1

Character Evidence, Other Acts, Outline

Back 1

(1) Intro, (2) Another Purpose, (3) Habit/Routine

Front 2

Character Evidence, Other Acts

Back 2

Evidence 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. [Rule 404(b)(1)] However, such evidence may be admissible for (1) another purpose, or (2) evidence of habit or routine practice.

Front 3

Character Evidence, Other Acts, Another Purpose

Back 3

Evidence of a crime, wrong, or other act may be admissible for another purpose, such as proving (1) motive, (2) intent, (3) absence of mistake, (4) identity, AND (5) common plan or scheme, among others. [Rule 404(b)(2)]

Front 4

Character Evidence, Other Acts, Another Purpose, Requirements

Back 4

If the evidence is independently relevant, to be admissible: (1) there must be sufficient evidence to support a jury finding by a preponderance of the evidence that the wrongful conduct occurred, AND (2) its probative value must not be substantially outweighed by the danger of unfair prejudice.

Front 5

Character Evidence, Other Acts, Habit/Routine Practice

Back 5

Evidence 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. [Specific behavior—the more specific the better (e.g., driver’s tendency to be accident prone or “safe” = too general, but a driver’s practice of always honking at a blind interaction or taking particular routes is specific).] [Regularity—requires a “sufficient number of times” to constitute habit; it should be “predictive.”][Automatic—conduct is more likely to be habit when it is semiautomatic or unreflective behavior.]

Front 6

Character Evidence, Other Acts, Habit/Routine Practice, Requirements

Back 6

The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.