Transcription of CHARACTER EVIDENCE QUICK REFERENCE
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CHARACTER EVIDENCE QUICK REFERENCE
CHARACTER EVIDENCE QUICK REFERENCE . reputation opinion specific instances of conduct - habit CHARACTER of the Defendant 404(a)(1) (pages 14-29). (pages 4-8). * Test: Proper Purpose + Relevance + Time * Test: Relevance (to the crime charged) + Similarity + 403 balancing; rule of inclusion + 403 balancing; rule of exclusion * Put basis for ruling in record (including * Defendant gets to go first w/ "good 403 balancing analysis). CHARACTER " EVIDENCE . reputation or opinion only (see rule 405) * D has burden to keep 404(b) EVIDENCE out ^ State can cross-examine as to specific instances of bad CHARACTER * proper purposes: motive, opportunity, knowledge/intent, , common * Law-abidingness ALWAYS relevant scheme/plan, identity, absence of mistake/. accident/entrapment, res gestae (anything * General good CHARACTER not relevant but propensity).
CHARACTER EVIDENCE QUICK REFERENCE reputation – opinion – specific instances of conduct - habit (pages 4-8) Character of the Defendant – 404(a)(1) * Test: Relevance (to the crime charged) + 403 balancing; rule of . exclusion * Defendant gets to go first w/ "good character" evidence – reputation or opinion . only ^ State can cross-examine
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