Rule 404 and 405
Character:
A general trait that describes who a person is in a wide variety of situations (e.g., being a peaceful or violent person). The response is not necessarily the same every time.
Rule 404(a)(2)(A)- What is the character evidence exception for the Defendant?
The Defendant may offer evidence of their own pertinent character trait (a positive propensity inference, e.g., "peaceful character"). This is known as "opening the door."
If character evidence is admissible under Rule 404, what are the two main permissible methods of proof?
1. Reputation: Testimony about the person's reputation in the community.
2. Opinion: A witness's own opinion of the person's character.
What does Rule 406 deal with
habit evidence
Rule 404 (a)(1)-What is the general rule for character evidence, and what is the key term for the prohibited use?
Evidence of a person's character or trait is NOT ADMISSIBLE to prove that on a specific occasion, the person acted in accordance with that trait. Key Term: Propensity Evidence (also called "Propensity Inference").
If the Defendant opens the door by introducing their own character evidence, how may the Prosecution Rebut this?
The Prosecution may then offer evidence to rebut the trait by: 1. Cross-examining the character witness, OR 2. Calling their own witness to offer a contrary opinion or reputation.
When are Specific Instances of Conduct generally allowed to prove character?
1. When a person's character is an essential element of a charge, claim, or defense (rarely occurs in a criminal case).
2. On Cross-Examination of a character witness.
Habit:
A specific, repeated response to a specific stimulus. It is more or less an instinctual, semi-automatic action. It is conduct capable of "almost identical repetition" and requires a high degree of specificity and frequency of uniform response.
Why is Propensity Evidence excluded?
It is considered highly powerful and unfairly prejudicial because it can lead the jury to convict a person based on their past actions/character rather than the evidence of the current crime. The legal system requires parties to be tried only for the offense charged.
Rule 404(a)(2)(B)- What is the character evidence exception for the Victim?
The Defendant may offer evidence of the Victim's pertinent character trait (e.g., in a self-defense case, that the victim was violent to show they were the first aggressor).
What is the rule for using Specific Instances of Conduct on Cross-Examination of a character witness?
A court may allow inquiry into relevant specific instances (e.g., "Did you know..."). However, the cross-examining party is "stuck with the witness's answer" and cannot introduce extrinsic evidence to contradict it.
The Burden to Admit Habit Evidence:
The habit evidence must show a sufficient number of instances to warrant a finding that the habit or routine existed.
Can evidence of a crime, wrong, or other act (prior bad act) be admissible?
Yes, but only if it is offered for a Non-Propensity Purpose. If the Chain of Logic connects the act to a fact other than "bad person did bad thing," it is admissible
If the Defendant offers evidence of the Victim's character, how may the Prosecution Rebut this?
The Prosecution has two options:
1. Offer evidence to rebut the victim's trait (e.g., victim's peacefulness), OR 2. Offer evidence that the Defendant has the same trait (e.g., Defendant's violence).
Rule 404(b) Core Rule: What evidence does it prohibit, and what is the prohibited purpose
Evidence of "any other crime, wrong, or act" is NOT ADMISSIBLE to prove a person's character in order to show they acted in conformity with that character (propensity) on a particular occasion.
Rule 406-Habit Evidence
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. This is a direct, permissible use of propensity-like evidence.
What are the common Non-Propensity Purposes for which character/prior bad acts evidence is admissible (M.O.K.I.A.)?
Motive, Opportunity, Knowledge, Intent, Absence of Mistake (or Accident), or Identity (e.g., using a distinctive modus operandi or MO).
Rule 404(a)(2)(C)- What is the specific character evidence exception for Homicide Cases?
If the Defendant claims the victim was the "first aggressor" (even without offering character evidence), the Prosecutor may offer evidence of the victim's peacefulness.
What are the Permitted Uses (Non-Propensity) for 404(b) evidence? (Hint: The M.O.P.I.K. rule)
Evidence of other acts is admissible to prove: Motive, Opportunity, Plan, Intent, Knowledge, Identity (e.g., MO/signature), Preparation, or Absence of Mistake/Accident.
What is the difference between habit and character evidence
habit= specific reaction to specific stimulus