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14 Cards in this Set
- Front
- Back
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Character evidence
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Evidence of character offered to prove that the D acted in conformity therewith on the given occassion.
Character=general statement that conveys a moral judgment |
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Character evidence in civil cases
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characcgter evidence is inadmissible to prove conduct:
Exceptions: civil claim based on sexual assault or child molestation |
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Character in issue
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character evidence is admissible. Ecamples:
1) negligent entrustment 2) child custody disputes 3) defamation |
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Character of defendant in criminal cases...
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Generally evidence of the defendant's character is not allowed to prove conduct.
Exceptions: 1) Cases of sexual assault or child molestation.. 2) Where court has admitted evidence of victim's character offered by defendant, prosecution can offer evidence that D has same character trait 3) Defendant can offer evidence of a positive character trait, but prosecution can rebut with character evidence BUT MUST BE A PERTINENT CHARACTER TRAIT *under any of these exceptions, reputation and opinion evidence are admissible on direct examination, but not specific instances *specific instances are allowed on cross examination |
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Character of Victim in a criminal case
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Generally, character evidence is not admissible by prosecution. Exceptions
i) defendant offers evidence of the victim's character; prosecution can rebut ii) in a homicide case, if defendant offers evidence that victim attacked first, prosecution may offer evidence of victim's character for peacefulness *can only inquire into specific instances on cross |
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Rape Shield Statute
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In criminal and civil cases involving rape or other sexual assault
Criminal: reputation and opinion evidence relative to sexual propensities not admissible. Specific instances admissible to prove third party is source of injury or semen or prior acts of consensual intercourse w/ D Civil rules: Reputation, opinon and specific instance are admissible if probative value substantially outweighs unfair prejudice (and in the casse of reputation evidence, P put her reputation in issue) |
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MIMIC
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Motive
Intent Mistake, absence of Identity Common Plan |
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Character evidence
|
Evidence of character offered to prove that the D acted in conformity therewith on the given occassion.
Character=general statement that conveys a moral judgment |
|
|
Character evidence in civil cases
|
characcgter evidence is inadmissible to prove conduct:
Exceptions: civil claim based on sexual assault or child molestation |
|
|
Character in issue
|
character evidence is admissible. Ecamples:
1) negligent entrustment 2) child custody disputes 3) defamation |
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|
Character of defendant in criminal cases...
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Generally evidence of the defendant's character is not allowed to prove conduct.
Exceptions: 1) Cases of sexual assault or child molestation.. 2) Where court has admitted evidence of victim's character offered by defendant, prosecution can offer evidence that D has same character trait 3) Defendant can offer evidence of a positive character trait, but prosecution can rebut with character evidence BUT MUST BE A PERTINENT CHARACTER TRAIT *under any of these exceptions, reputation and opinion evidence are admissible on direct examination, but not specific instances *specific instances are allowed on cross examination |
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Character of Victim in a criminal case
|
Generally, character evidence is not admissible by prosecution. Exceptions
i) defendant offers evidence of the victim's character; prosecution can rebut ii) in a homicide case, if defendant offers evidence that victim attacked first, prosecution may offer evidence of victim's character for peacefulness *can only inquire into specific instances on cross |
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|
Rape Shield Statute
|
In criminal and civil cases involving rape or other sexual assault
Criminal: reputation and opinion evidence relative to sexual propensities not admissible. Specific instances admissible to prove third party is source of injury or semen or prior acts of consensual intercourse w/ D Civil rules: Reputation, opinon and specific instance are admissible if probative value substantially outweighs unfair prejudice (and in the casse of reputation evidence, P put her reputation in issue) |
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MIMIC
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Motive
Intent Mistake, absence of Identity Common Plan |
