Podcast
Questions and Answers
Under what circumstances can character evidence be used in a criminal case?
Under what circumstances can character evidence be used in a criminal case?
- To prove the defendant's general bad character.
- To introduce evidence of unrelated crimes to illustrate patterns of behavior.
- To show the accused's knowledge, intent, or motive for the crime. (correct)
- To establish the defendant's emotional state at the time of the crime.
What does Rule 404(b) primarily restrict?
What does Rule 404(b) primarily restrict?
- The types of property that can be exhibited as evidence.
- The introduction of prior crimes to establish character. (correct)
- The presentation of evidence from unrelated cases.
- The use of witness credibility evidence.
Which of the following is NOT a permissible use of character evidence in a criminal trial?
Which of the following is NOT a permissible use of character evidence in a criminal trial?
- To demonstrate the accused's preparation to commit the crime.
- To prove the accused's opportunity to commit the crime.
- To link the accused to physical evidence at the scene.
- To show the accused’s infallible character based on community reputation. (correct)
What is the main focus of Rule 609 of the FRE?
What is the main focus of Rule 609 of the FRE?
Which of the following serves as an exception to the general rule against using character evidence?
Which of the following serves as an exception to the general rule against using character evidence?
In a criminal case, which statement about character evidence is true?
In a criminal case, which statement about character evidence is true?
What is the primary purpose of evidentiary privileges in court?
What is the primary purpose of evidentiary privileges in court?
In the context of civil versus criminal law, character evidence is generally treated how?
In the context of civil versus criminal law, character evidence is generally treated how?
Which of the following is a requirement for admissible testimony in common law systems?
Which of the following is a requirement for admissible testimony in common law systems?
Which rule is specifically designed to prevent unreliable evidence from being admitted in common law systems?
Which rule is specifically designed to prevent unreliable evidence from being admitted in common law systems?
What distinguishes common law systems from civil law systems regarding evidence admission?
What distinguishes common law systems from civil law systems regarding evidence admission?
Which of the following forms of evidence can be excluded under the rules of admissibility in common law?
Which of the following forms of evidence can be excluded under the rules of admissibility in common law?
Under what conditions is a witness considered to have direct knowledge in common law?
Under what conditions is a witness considered to have direct knowledge in common law?
Which of the following statements about the rule of authentication is accurate?
Which of the following statements about the rule of authentication is accurate?
In common law systems, which statement is true regarding the admissibility of prior convictions?
In common law systems, which statement is true regarding the admissibility of prior convictions?
What type of evidence is considered an exhibit in a common law trial?
What type of evidence is considered an exhibit in a common law trial?
What is the primary factor determining whether evidence is admissible in a common law system?
What is the primary factor determining whether evidence is admissible in a common law system?
Under what condition can evidence of prior convictions be admitted in court according to U.S. law?
Under what condition can evidence of prior convictions be admitted in court according to U.S. law?
Which of the following best describes evidence admissibility in civil law systems?
Which of the following best describes evidence admissibility in civil law systems?
What type of evidence relevance is considered inadmissible under U.S. law?
What type of evidence relevance is considered inadmissible under U.S. law?
In terms of impeachment of witnesses, which statement is true about the relevance of prior convictions?
In terms of impeachment of witnesses, which statement is true about the relevance of prior convictions?
Which of the following accurately reflects a key difference between common and civil law concerning evidence?
Which of the following accurately reflects a key difference between common and civil law concerning evidence?
Which principle regarding the relevance of evidence is critical for both common and civil law systems?
Which principle regarding the relevance of evidence is critical for both common and civil law systems?
For the admissibility of evidence to be granted, what must be established in relation to the facts in dispute?
For the admissibility of evidence to be granted, what must be established in relation to the facts in dispute?
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Study Notes
Character Evidence in Court
- Character evidence can affect the credibility of a witness, but is generally inadmissible to prove a person's character to show they acted in conformity with it.
- Rule 404(b) of the U.S. Federal Rules of Evidence prohibits using prior crimes or acts to argue a defendant's general bad character in criminal cases.
- For instance, if a person is charged with embezzlement, evidence from unrelated past thefts cannot typically be introduced to imply they have a tendency to steal.
Exceptions for Admissibility of Character Evidence
- Character evidence may be used to establish:
- Knowledge, intent, or motive related to the crime.
- Existence of a larger plan that includes the crime charged.
- Preparation to commit the crime.
- Possession of tools or skills necessary for committing the crime.
- Opportunity for the accused to commit the crime.
- Evidence of threats or expressions of ill will.
- Connections between the accused and physical evidence.
- Conduct and comments made by the accused during arrest.
- Attempts to conceal identity or destroy evidence.
- Valid confessions.
Relevance of Evidence
- Admissibility largely rests on the presiding judge's discretion, but evidence must be relevant to material issues.
- In common law, evidence must pertain to facts at dispute, proving essential elements of the offense or related matters like motive and identity.
- A piece of evidence might be relevant for one purpose but irrelevant for another, affecting its admissibility.
Requirements for Testimony
- Testimony must be based on direct knowledge, not speculation or hearsay unless from an expert witness.
- Direct knowledge includes:
- Active participation in the act.
- Witnessing the act.
- Receiving information directly from the defendant or co-conspirators.
Special Rules for Evidence Admission
- Common law systems impose strict rules that limit evidence admission compared to civil law systems.
- Key rules include:
- The rule of authentication requires evidence to be verified as genuine.
- The rule against character evidence prohibits wrongful implications of character.
- The rule against opinion testimony restricts non-expert opinions.
- The best-evidence rule necessitates original evidence when available.
- The hearsay rule excludes second-hand statements.
Exhibits as Evidence
- In adversarial common law systems, exhibits must be relevant and authenticated to be admitted.
- Exhibits encompass a wide range of tangible evidence, including documents and physical objects.
- Court judges determine the admissibility of exhibits in trials.
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