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Character Evidence in Criminal Law
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Character Evidence in Criminal Law

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Questions and Answers

Which of the following statements about plea discussions is NOT admissible against a defendant?

  • A statement made under oath during plea discussions (correct)
  • A statement made during plea discussions that didn't result in a guilty plea
  • A guilty plea that was later withdrawn
  • A nolo contendere plea

    • In what situation can a statement made during plea discussions be admitted as evidence?

  • If the statement was made in front of the jury
  • If the plea discussions resulted in a guilty plea
  • In proceedings where another related statement has been introduced (correct)
  • If the statement was made by a witness about another witness

    • What is the general rule regarding personal knowledge for a witness to testify?

  • Witnesses are not required to provide any evidence of personal knowledge
  • A witness must have heard a second-hand account of the matter
  • A witness must have personal knowledge, which may include their own testimony (correct)
  • Personal knowledge can only be proved by documentary evidence

    • Which of the following is NOT true about liability insurance evidence in a civil case?

    <p>It can be used to ascertain truthful statements made by witnesses.</p> Signup and view all the answers

    Under Rule 608, how can a witness’s character for truthfulness be supported?

    <p>Through testimony about the witness's reputation or personal opinion</p> Signup and view all the answers

    What is the standard regarding who may impeach a witness's credibility?

    <p>Any party, including the one that called the witness, may impeach</p> Signup and view all the answers

    Which of the following statements about privileges in general is true?

    <p>Privileges can be recognized if they are established by common law.</p> Signup and view all the answers

    What type of plea is a nolo contendere plea considered?

    <p>Not admissible against the defendant in related proceedings</p> Signup and view all the answers

    What is the general rule regarding the admissibility of evidence related to a person's character?

    <p>It is not admissible to prove that a person acted in accordance with their character on a specific occasion.</p> Signup and view all the answers

    Under which circumstances can a defendant introduce evidence of their own character trait in a criminal case?

    <p>When the evidence pertains to a pertinent trait, and the prosecutor may rebut it.</p> Signup and view all the answers

    What type of character evidence may the prosecutor introduce in a homicide case?

    <p>The alleged victim's trait of peacefulness to counter claims that the victim was the aggressor.</p> Signup and view all the answers

    What is a permitted use for evidence of a crime, wrong, or other act?

    <p>To establish motive, opportunity, intent, or preparation, among others.</p> Signup and view all the answers

    How may a person's character be proven when it is admissible?

    <p>By witness testimony about reputation or opinion, and also by specific instances if essential.</p> Signup and view all the answers

    What must be shown for specific instances of conduct to be admissible as proof of character?

    <p>That the instances are relevant and essential to the charge, claim, or defense.</p> Signup and view all the answers

    What limitation is placed on evidence regarding a witness's character?

    <p>Evidence may be admitted under specified rules like 607, 608, and 609.</p> Signup and view all the answers

    What occurs if evidence of a defendant’s pertinent trait is admitted in a criminal case?

    <p>The prosecutor may introduce evidence to rebut the defendant's trait.</p> Signup and view all the answers

    Which statement correctly outlines when evidence of a conviction is not admissible?

    <p>If the conviction was pardoned or annulled based on a finding of innocence.</p> Signup and view all the answers

    Under what circumstances can evidence of a juvenile adjudication be admitted in a criminal case?

    <p>If it is necessary for determining the defendant's guilt or innocence.</p> Signup and view all the answers

    What is one reason leading questions should generally not be used during direct examination?

    <p>They bias the witness's testimony.</p> Signup and view all the answers

    What limitation does Rule 611 impose on cross-examination?

    <p>It can inquire about any relevant matters contained in the witness's statement.</p> Signup and view all the answers

    Why should the court exercise control over the mode of examining witnesses?

    <p>To avoid unnecessary delays and protect witnesses.</p> Signup and view all the answers

    Which of the following is NOT a condition for admitting evidence related to juvenile adjudications?

    <p>The juvenile was found guilty in an adult court.</p> Signup and view all the answers

    What is a requirement for a conviction to be deemed inadmissible due to rehabilitation?

    <p>The rehabilitation must come from a legal finding.</p> Signup and view all the answers

    Which of the following is true regarding the use of evidence related to a witness's religious beliefs?

    <p>It cannot be used to affect the witness's credibility.</p> Signup and view all the answers

    What is an Excited Utterance?

    <p>A statement relating to a startling event or condition made under stress of excitement.</p> Signup and view all the answers

    What type of statement qualifies under Then-Existing Mental, Emotional, or Physical Condition?

    <p>A statement indicating the declarant's emotional state at that moment.</p> Signup and view all the answers

    Which of the following is required for a Statement Made for Medical Diagnosis or Treatment to be admissible?

    <p>It must describe medical history or current symptoms pertinent to treatment.</p> Signup and view all the answers

    What does Recorded Recollection require for a record to be admissible as evidence?

    <p>It must have been made while the matter was fresh in the witness's memory.</p> Signup and view all the answers

    What is one of the conditions that records of a regularly conducted activity must satisfy?

    <p>The record must be made at or near the time of the event by someone with knowledge.</p> Signup and view all the answers

    What does the Absence of a Record of Regularly Conducted Activity imply?

    <p>That the event likely did not occur or exist.</p> Signup and view all the answers

    Which of the following does NOT fit the definition of a Statement Made for Medical Diagnosis or Treatment?

    <p>Stating a belief about a past medical condition.</p> Signup and view all the answers

    For a record of a regularly conducted activity to be trustworthy, which of the following must be established?

    <p>Testimony from a qualified witness showing regularity must be presented.</p> Signup and view all the answers

    Which of the following situations qualifies a declarant as unavailable as a witness?

    <p>The declarant refuses to testify despite a court order.</p> Signup and view all the answers

    What type of statement is categorized as a hearsay exception under Rule 804(b)(2)?

    <p>A statement made when the declarant believes death is imminent.</p> Signup and view all the answers

    Which criterion does NOT qualify a declarant as unavailable under Rule 804(a)?

    <p>The declarant gives testimony about a different subject matter.</p> Signup and view all the answers

    Which of the following statements is true regarding former testimony under Rule 804(b)(1)?

    <p>It is admissible if the party had a similar motive to develop the testimony.</p> Signup and view all the answers

    In which circumstance is it NOT permissible to use a statement as an exception to hearsay under Rule 804?

    <p>When the statement was obtained through coercion.</p> Signup and view all the answers

    What must be proven for a declarant to be considered unavailable due to illness?

    <p>The illness must prevent attendance or testimony.</p> Signup and view all the answers

    What does Rule 804(a)(5) specify about a declarant's absence?

    <p>The absence must be due to circumstances beyond the proponent's control.</p> Signup and view all the answers

    Which category does not fall under the exceptions to the rule against hearsay when the declarant is unavailable?

    <p>Statement Made in the Course of a Criminal Activity</p> Signup and view all the answers

    Study Notes

    Character Evidence

    • Evidence of a person’s character is inadmissible to prove they acted in accordance with that character
    • In a criminal case, a defendant may offer evidence of their own pertinent trait, and the prosecution may offer rebuttal evidence
    • In a criminal case, a defendant may offer evidence of an alleged victim’s pertinent trait, and the prosecution may offer rebuttal evidence, or evidence of the defendant's same trait
    • In a homicide case, the prosecution may offer evidence of the victim’s peacefulness to rebut evidence that the victim was the initial aggressor
    • Evidence of a witness's character can be admitted under other rules
    • Evidence of a crime, wrong, or other act is inadmissible to prove character
    • Such evidence is admissible for other purposes, such as motive, opportunity, intent, knowledge, absence of mistake, or lack of accident
    • Character evidence can be proved by testimony about reputation or opinion
    • Character evidence can be proved by relevant specific instances of conduct if it’s an essential element of a charge, claim, or defense

    Plea Discussions

    • A guilty plea that was later withdrawn, a nolo contendere plea, or a statement made during plea discussions with an attorney for the prosecution are inadmissible against the defendant
    • Such statements may be admitted in fairness if another statement made during the same plea or plea discussions has been admitted
    • Such statements may be admitted in a proceeding for perjury or false statement if the defendant made the statement under oath, on the record, and with counsel present

    Liability Insurance

    • Evidence of liability insurance is inadmissible to prove negligence or wrongdoing
    • Insurance evidence may be admissible for other purposes, such as proving bias, prejudice, agency, ownership, or control

    Privileges

    • Only privileges granted by statute or case law of this jurisdiction are recognized

    Competency of Witnesses

    • Every person is competent to be a witness
    • A witness cannot testify about a matter without personal knowledge
    • Personal knowledge can be established by the witness’s own testimony or other evidence

    Impeachment of Witnesses

    • Any party, including the party that called the witness, can attack the witness's credibility

    Witness Character for Truthfulness

    • A witness’s credibility can be attacked or supported by testimony about their reputation for truthfulness or by opinion testimony
    • A prior conviction is inadmissible if it has been pardoned, annulled, or the subject of a rehabilitation procedure based on a finding of innocence
    • Evidence of a juvenile adjudication may be admissible in a criminal case if it relates to a witness other than the defendant, and an adult’s conviction for that offense would be admissible
    • Evidence of a witness's religious beliefs is inadmissible

    Examining Witnesses

    • The court controls the mode and order of examining witnesses to ensure truth, avoid time waste, and protect witnesses
    • The scope of cross-examination is not limited to the direct examination, but may inquire into all relevant facts and inferences, as well as omissions
    • Leading questions should not be used on direct examination, except with hostile witnesses or witnesses identified with an adverse party
    • On redirect examination, the scope is limited to the matters covered on cross-examination

    Exceptions to the Rule Against Hearsay

    • A statement made by a declarant unavailable because of a privilege, refusal to testify, lack of memory, death, mental illness, or absence for which procurement was impossible is not excluded

    Unavailable Declarant Exceptions

    • Former testimony is admissible if a party had the opportunity and similar motive to develop it
    • Statements made under the belief of imminent death are admissible
    • Statements against interest, which would expose the declarant to criminal liability or harm to their reputation, are admissible
    • Statements made for medical diagnosis or treatment
    • Statements made for purposes of medical diagnosis or treatment, as they are considered reliable

    Records of Regularly Conducted Activity Business Records

    • Records made at or near the time by someone with knowledge, kept in the course of a regularly conducted activity, and a regular practice of that activity, are admissible if the opponent does not show a lack of trustworthiness
    • Records of absence of a regularly conducted activity are also admissible if the records were regularly kept for that matter

    Miscellaneous

    • The text includes a number of exceptions to the rule against hearsay; however, these exceptions are too broad and should be reviewed in detail to understand their application

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    Related Documents

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    Description

    Explore the principles of character evidence within the context of criminal law. This quiz covers the admissibility of character evidence, including when a defendant and prosecution can present various traits. Test your understanding of the legal standards and exceptions related to character evidence in criminal cases.

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