Is character an Element?

Is character an Element?

1. If yes, rule 405(b) applies. Evidence of character or trait is allowed when it is an element. Defamation, child custody, negligent entrapment, and entrapment. This is exception 3 to no propensity rule.

2. Move on to next section.

   • Exception 4 OTHERS:
     • Does this involve the defendant offering a pertinent trait? If not, move on
       • If yes, the defense in a criminal trial may offer evidence of the pertinent trait and also may offer evidence of alleged victim's pertinent trait and if the evidence is admitted, the pros may rebut and offer evidence showing same trait. Dif in homicide cases.
       • Is this a criminal case AND evidence Re victim?
         • Limits character evidence about the accused to opinion or reputation testimony. May present rebuttal character witensses who testify that defendant or vicitm has trait contrar
         • NON PROPENSITY PURPOSES?
           • you can offer specific instances that are not for character but to prove another factof consequence. Look at list of 8.
           • Rape Shield Case?
             • Look at last section.