2. Supports over 40+ diagram types and has 1000’s of professionally drawn templates. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609. Because a genuine issue can usually not be identified until after the defense presented its case, 404(b) evidence is typically offered in rebuttal. In any event, the criminal rule is so deeply imbedded in our jurisprudence as to assume almost constitutional proportions and to override doubts of the basic relevancy of the evidence. 203 (S.D.N.Y. These were later codified in section B of rule 404. The limitation to pertinent traits of character, rather than character generally, in paragraphs (1) and (2) is in accordance with the prevailing view. Slough and Knightly, Other Vices, Other Crimes, 41 Iowa L.Rev. The Committee Note was amended to clarify that rebuttal is not permitted under this Rule if the accused proffers evidence of the alleged victim's character for a purpose other than to prove the alleged victim's propensity to act in a certain manner. These include motive, opportunity, intent, preparation, plan, identity and absence of mistake or accident. Rule 404 makes character evidence inadmissible in most circumstances, but admissible under several exceptions. (2) Character evidence is susceptible of being used for the purpose of suggesting an inference that the person acted on the occasion in question consistently with his character. Use Creately’s easy online diagram editor to edit this diagram, collaborate with others and export results to multiple image formats. Although character evidence and similar crimes evidence is generally inadmissible, a number of exceptions have been recognized over the years. ^ not a 404 issue – goes to D's state of mind ^ V's criminal record can be admissible here if relevant to D's state of mind (2) (D doesn't have to know about it) whether victim was the aggressor ^ if D doesn't know about it, evidence is carefully limited to ^ V's criminal record not relevant here close cases (pages 14-29) Other acts – 404(b) The admissibility standards of Rule 404(b) remain fully applicable to both civil and criminal cases. Life Ins. On request by a defendant in a criminal case, the prosecutor must: (A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and. The amendment does not affect the admissibility of evidence of specific acts of uncharged misconduct offered for a purpose other than proving character under Rule 404(b). 3. Although your committee sees no necessity in amending the rule itself, it anticipates that the use of the discretionary word “may” with respect to the admissibility of evidence of crimes, wrongs, or acts is not intended to confer any arbitrary discretion on the trial judge. 2. 26, 2011, eff. The amendment resolves the dispute in the case law over whether the exceptions in subdivisions (a)(1) and (2) permit the circumstantial use of character evidence in civil cases. 12, 2006, eff. Cf. The only question relates to allowable methods of proof, as to which see Rule 405, immediately following. In Huddelsteon v. United States, the United States Supreme Court held that in order for character evidence to be admissible at trial, a judge must make a preliminary determination that there is, to conclude by a preponderance (rather than beyond a reasonable doubt or clear and convincing standards). See United States v. Huddleston, 485 U.S. 681, 108 S.Ct 1496 (1988). A paragraph was added to the Committee Note to state that the amendment does not affect the use of Rule 404(b) in civil cases. In most jurisdictions today, the circumstantial use of character is rejected but with important exceptions: (1) an accused may introduce pertinent evidence of good character (often misleadingly described as “putting his character in issue”), in which event the prosecution may rebut with evidence of bad character; (2) an accused may introduce pertinent evidence of the character of the victim, as in support of a claim of self-defense to a charge of homicide or consent in a case of rape, and the prosecution may introduce similar evidence in rebuttal of the character evidence, or, in a homicide case, to rebut a claim that deceased was the first aggressor, however proved; and (3) the character of a witness may be gone into as bearing on his credibility. Extrinsic Policies Affecting Admissibility), Cal. This page has been accessed 35,484 times. (2) Permitted Uses; Notice in a Criminal Case. 264–5 (2d ed. The Rule has been amended to clarify that in a civil case evidence of a person's character is never admissible to prove that the person acted in conformity with the character trait. ), Notes of Advisory Committee on Proposed Rules. Other than requiring pretrial notice, no specific time limits are stated in recognition that what constitutes a reasonable request or disclosure will depend largely on the circumstances of each case. Notes of Advisory Committee on Rules—1991 Amendment. These include motive, opportunity, intent, preparation, plan, identity and absence of mistake or accident. §3500, et seq. But that is because the accused, whose liberty is at stake, may need “a counterweight against the strong investigative and prosecutorial resources of the government.” C. Mueller & L. Kirkpatrick, Evidence: Practice Under the Rules, pp. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. The difficulty with expanding the use of character evidence in civil cases is set forth by the California Law Revision Commission in its ultimate rejection of Uniform Rule 47, Id., 615: “Character evidence is of slight probative value and may be very prejudicial. Evidence offered under one of these exceptions must still be analyzed to determine whether the probative value outweights the prejudicial effect of the evidence. (3) Exceptions for a Witness. Compare Carson v. Polley, 689 F.2d 562, 576 (5th Cir. Falknor, Extrinsic Policies Affecting Admissibility, 10 Rutger, L.Rev. This page was last edited on 11 December 2010, at 00:45. 93–1277. McCormick §§155–161. GAP Report—Proposed Amendment to Rule 404(a). See Ginter v. Northwestern Mut. 1990) (acts of informant offered in entrapment defense), the overwhelming number of cases involve introduction of that evidence by the prosecution. The term “a pertinent trait of character” was changed to “the same trait of character,” in order to limit the scope of the government's rebuttal. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. The language of Rule 404 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. A Flowchart showing FRE 404 and 608 Analysis. 2. b) The definition is tricky, because most people associate character with moral qualities. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused - In a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404 (a)(2), evidence of the same trait of character of the accused offered by the prosecution; (2) Character of alleged victim - In a criminal case, and subject to the limitations imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor; (3) Character of witness - Evidence of the character of a witness, as provided in Rule 607, Rule 608, and Rule 609.

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