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Character Evidence (404-6)

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Character Evidence (404-6)

  1. Evid relate to Character, Other crimes, Habits (404)?

    • Is character trait an essential element (405?
      • Yes
        • ADMISSIBLE; prove by specific conduct 0 405(b)
      • No
        • Evid of habit or routine?
          • Yes - admissible
          • No - consider other permissible uses of character evidence
            • 404(a)(1); 405(a) Character of Accused; methods
              • Crim case - evid of pertinent trait offered by D or by P to rebut? 404(a)(2)
                • Yes - Admit, but only through rep/opinion; specific acts on on cross
                • No - Evid of trait offered by P?
                  • No - consider other uses of dvid
                  • Yes - INADMISSIBLE, unless evid of same trait under 404(a)(2) about trait of victim
                    • BUT SEE 404(a)(2); 412
            • 404(a)(2); 412
              • Evid of pertinent trait of victim by D or P to rebut? 404(a)(2)
                • No - other rules
                • Yes. Involve sex offense?
                  • No - admissible in crim cases
                  • Yes - evid of specific sexual behavior by victim?
                    • No. Rep?opinion of victim INADMISSIBLE; unless 412(b)(2)
                    • Yes. D complied with 412?
                      • No. INADMISSIBLE
                      • Yes. 412(b0(1)(A) or (b)(1)(B)?
                        • Yes. Offered in crime case?
                          • Yes. ADMIT
                          • No. Admit if PV > Prej
                        • No. Corim case?
                          • Yes. Consit require it to be admitted?
                            • Yes. ADMIT
                            • No. INADMISSIBLE
                          • No. ADMIT
            • 404(b), 413-5, 104(b), 403
              • Evid of other crimes to prove character to show action conformed with that? 404(b)
                • Yes. INADMISSIBLE for this purpose
                • No. Specif acts to show motive, intent, prep, etc.
                  • Yes. ADMIT, if 104(b), 403
                  • No. Sexual assault or child molestation?
                    • No. INADMSSIBLE
                    • Yes. Against D in crim case?
                      • No. Civ case- complied w/ 415(b)?
                        • No. INADMISSIBLE
                        • Yes. Does prior sim act meet std of "offense of sexual assault" 413(d)
                          • No. ADMSSIBLE
                          • Yes. ADMIT

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Mind Map on Character Evidence (404-6), created by rjgupte on 30/04/2014.
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