Mind map
Character Evidence (404-6)
Map content
Character Evidence (404-6)
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
- Crim case - evid of pertinent trait offered by D or by P to rebut? 404(a)(2)
- 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
- Yes. Consit require it to be admitted?
- Yes. Offered in crime case?
- Evid of pertinent trait of victim by D or P to rebut? 404(a)(2)
- 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
- No. Civ case- complied w/ 415(b)?
- Evid of other crimes to prove character to show action conformed with that? 404(b)
- 404(a)(1); 405(a) Character of Accused; methods
- Evid of habit or routine?
- Yes
- Is character trait an essential element (405?
Information
- Description
- Mind Map on Character Evidence (404-6), created by rjgupte on 30/04/2014.
- Created by
- rjgupte
- Views
- 17
- Rating