Character Evidence Civil V. Criminal Outline

Rule Civil Criminal 404 CHARACTER EVIDENCE; CRIMES AND OTHER ACTS Rule 404(a)(1) - Evidence of a person's character or character trait is not admissible to prove that on Character Evidence a particular occasion the person acted in accordance to that character or trait. (Propensity) Rule 404(a)(2) - N/A MERCY RULE Exceptions for a  or a)  may offer evidence of 's pertinent trait; if admitted P may offer evidence to Victim in a Criminal rebut same trait; Case b) subject to rape shield statute,  may offer evidence of the victim's pertinent trait; if admitted, P may offer evidence to rebut same trait or offer evidence of 's same trait; and c) homicide case, P may offer evidence of the victim's character for peacefulness to rebut evidence that the  was the first aggressor. Rule 404(a)(3) - Evidence of a witness's character may be admitted under Rules 607-609. Exceptions for a Witness Rule 404(b)(1) - Evidence of a crime, wrong, or other act is not admissible to prove a person's Crimes, Wrongs, or character in order to show that on a particular occasion the person acted in Other Acts accordance with the character. Rule 404(b)(2) - This evidence may be admissible for Same + on request by a , P must provide Crimes, Wrongs, or another purpose, such as proving reasonable notice of the general nature of Other Acts MOIKPPIAL. any such evidence P intends to offer at Exceptions trial; and do so before trial -or during trial if the court, for good cause, excuses pretrial notice. 405 METHODS OF PROVIGN CHARACTER Rule 405(a) - by When evidence of a person's character or character trait is admissible, it may be reputation or opinion proved by testimony about the person's reputation or in the form of an opinion. On cross of character witness, the court may allow an inquiry into relevant specific instances of conduct. Rule 405(b) - by character trait is an essential element Same specific instances of of a charge, claim, or defense, evidence D claims entrapment conduct of the person's character may also be proved by relevant specific instance of the person's conduct. Child custody, defamation, negligent entrustment 406 Rule 406 - Habit; Evidence of a person's habit or organization's routine practice is admissible to show Routine Practice that on a particular occasion that person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

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