Character Evidence

Question 1

Character/propensity evidence generally not allowed unless ___

Answer 1

• similar offenses in sexual assault prosecution
• similar offenses in child molestation prosecution
• similar offenses in civil action concerning sexual assault or child molestation
• pertinent character of criminal D offered by the accused
• peaceful character of homicide victim offered by prosecutor to rebut evidence victim attacked first
• character of a witness

Question 2

FRE 413 is about __

Answer 2

admitting character evidence about similar offenses in sexual assault prosections

Question 3

FRE 414 is about ___

Answer 3

character evidence and similar offenses in child molestation prosecution

Question 4

FRE 415 is about ___

Answer 4

similar offenses in civil action concerning sexual assault or child molestation

Question 5

FRE 413 says that in any criminal case where ___ can admit ___

Answer 5

accused of sexual assault, evidence that D committed any other assault

Question 6

FRE 414 says that in any criminal case where ___ can admit ___

Answer 6

accused of child molestation. evidence that D committed any other child molestation

Question 7

Rule about character of a witness

Answer 7

404(a)(3)

Question 8

Rule about character of criminal D

Answer 8

404(a)(2)(A)

Question 9

Rule about character of victim

Answer 9

404(a)(2)(B)

Question 10

Rule about peaceful character of homicide victim

Answer 10

404(a)(2)(C)

Question 11

Under 404(a)(2)(A) character of criminal D must be offered by ___

Answer 11

accused/defense

Question 12

Under 404(a)(2)(B) character of victim must be offered by ___

Answer 12

defense

Question 13

Under 404(a)(2)(C) evidence of peaceful homicide victim must be offered by ___

Answer 13

prosecution to rebut evidence victim attacked first

Question 14

FRE 607 says that __

Answer 14

any party, including party that called witness, may attack witness’ credibility

Question 15

FRE 608(a) says that a witness’s credibility may be attacked or supported by ___

Answer 15

testimony about witness reputation for being trustworthy/untrustworthy OR testimony in form of opinion about character

Question 16

FRE 608(a) says that evidence of truthful character only admissible ____

Answer 16

after character for truthfulness has been attacked

Question 17

FRE 608(b) says that except for ____, extrinsic evidence is not admissible to prove _____

Answer 17

criminal conviction under Rule 609, specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.

Question 18

FRE 608(b) says that court can ___

Answer 18

allow cross exam inquiry into extrinsic evidence if probative truth/untruth of witness or another witness whose character this witness has testified about

Question 19

FRE 608(b) says that by testifying on another matter, the witness does not waive any privilege against self-incrim that __

Answer 19

relates only to the witness’ character for truthfulness

Question 20

FRE 609 is about ___

Answer 20

impeachment by evidence of a criminal conviction

Question 21

If other act evidence comes in, it must pass ____

Answer 21

Huddleston standard, sufficient evidence to support finding by jury that D committed the similar act

Question 22

Huddleston not really at issue if ____

Answer 22

prior convictions (high proof)

Question 23

FRE 404(a) says that evidence of character is )))

Answer 23

not admissible to prove on particular occasion the person acted in accordance with the character or trait

Question 24

Generally, the probative value of propensity evidence is ___

Answer 24

substantially outweighed by unfair prejudice/juror confusion/waste of time

Question 25

Rule about character evidence

Answer 25

FRE 404

Question 26

Zackowitz killed man who he thought insulted his wife. Evid of pistols and tear gas – all not present that night of the killing.

Answer 26

Inadmissible character evidence. (Cardozo) Should not have admitted pistols/gas not related to crime.

Question 27

Ways to get around propensity box

Answer 27

- knowledge - identity - proof of motive - proof of modus operandi - narrative integrity - absence of accident - doctrine of chances (very rare)

Question 28

Military man knows how to shoot guns. Propensity?

Answer 28

404(b) other act if offered to prove shot gun. But can show knowledge to commit murders. Not super highly prejudicial under 403 bc people love military.

Question 29

Hacker charged w two counts of wire fraud.

Answer 29

404(b), but show knowledge of wire fraud. Limiting instruction or stipulation that has skills to hack.

Question 30

Charged w drug distribution. Evid that convicted once before distributing drugs.

Answer 30

Not probative much of knowledge, but highly prejudicial 403.

Question 31

Threatened ex and told “I can dispose of body” bc of military knowledge.

Answer 31

Ex threats 404(b), doesn’t show knowledge, so doesn’t come in (propensity!) – would be reversible error Dispose of” – admissible as knowledge/skillset. Could do stipulation.

Question 32

Brakeman reputation of drunkenness, causes train wreck. Evid of drunkenness?

Answer 32

Propensity evid, inadmissible. (Likely admissible for suit against RR bc show’s RR’s negligence in hiring someone w bad rep). Not habit under 406

Question 33

Police officer with Confederate flag shirt under uniform shot Black man.

Answer 33

Goes straight thru propensity! Exclude (unless charged as hate crime).

Question 34

Violent rap lyrics. Murder.

Answer 34

Propensity: showing someone is a violent person. Recognize that this is “other act” evidence challengeable under 404(b). Low probative value. No motive. Different if confession-style after-fact

Question 35

Special agents killed after following Peltier w warrant for arrest in attempted murder case. Evid of attempted murder case.

Answer 35

Other case is motive to kill special agents: serious crime entails serious effort to escape. (Alt: stipulate that outstanding warrant for serious charge)

Question 36

Married man Harrison Ford on trial for murdering female colleague. Evid of affair between them.

Answer 36

Could argue this is part of the act. Or that if it’s other act, it’s motive.

Question 37

Peltier’s ownership of Special Agent’s weapons + other weapons.

Answer 37

Admit to show link to Special Agent 404(b)(2). But extra weapons inadmissible under 404(a)(1) (But: “Among other things…”).

Question 38

Lottery lists in kitchen in narcotics trial, along w conviction for commercial gambling, to show it was D’s kitchen w the drugs.

Answer 38

Inadmissible bc goes thru propensity box. Convicted for gambling → still a gambler → owns lottery lists → thus owns apt.

Question 39

Lottery lists in kitchen in narcotics trial, along w conviction for commercial gambling, to show it was D’s kitchen w the drugs. 3) Same, but cycling brochures meant to link to cycler.

Answer 39

Admissible bc not “prior bad act” that 404(b) cares about.

Question 40

Trenkler, Shay accused of building/planting bomb in driveway; linked to previous Quincy bomb – “signature” of bomb maker

Answer 40

Bombing was unique probative identifier as modus operandi of bomber. Similar components of bomb, “bombing itself is distinctive method of killing.” 404(b)(2). MO is about identity, not, e.g., intent (see Zander)

Question 41

Charge of revolver possession; D said it was his cousin’s gun. Evidence that he played Russian Roulette w his ex-wife and pointed gun at her.

Answer 41

I saw that gun once” years ago less in probative value than seeing gun in traumatic context → credibility goes up. Minimize unfair prejudice by excluding Russian Roulette details.

Question 42

Boat sinkings for insurance fraud. Evidence that 3 prior boat sinkings → to show why DeGeorge had maneuvered to distance self from boat ownership.

Answer 42

propensity evidence permissible when necessary to show comprehensive story or constitutes part of transaction.

Question 43

Cleaning hunting rifle and accidentally shot/killed wife. Had done same thing 3 years ago (not charged).

Answer 43

Not an accident this time bc D should’ve been much more careful w this context! → Reduce prejudice w “You should assume first shooting was really an accident.”

Question 44

Smith on trial for drowned wife (prev wives also drowned). Previous acts admissible to help jury that death of Mundy was designed rather than accidental, bc extraordinarily unlikely, phenomenal coincidence.

Answer 44

Diff than Absence of Accident bc AoA admits that it happened, DoC is claiming it didn’t happen that way at all, but the chance it was designed is too high.