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Character Evidence :star: - Coggle Diagram
Character Evidence :star:
Evidence a person's character is not admissible to prove that, on a particular occasion, the person acted in accordance with the trait
Exceptions
Criminal Defendant's, or Victim's Character
Any Criminal Case
Defendant offers Defendant's pertinent trait :check:
Prosecutor may offer evidence to rebut
Defendant "opens the door" :door:
Defendant offers evidence of victim's pertinent trait :check:
Prosecutor may offer evidence to rebut and show defendant's same trait
Homicide Case
Defendant may show victim was the first aggressor
Prosecutor may offer evidence of victim's trait of peacefulness, even doing so first
Witness's Character for Truthfulness
Civil or Criminal
Reputation or Opinion
Bad Acts
Criminal Convictions
Not Covered:
Crimes, wrongs, and other acts can be used to prove a different purpose:
Motive
Intent
Opportunity
Absence of Mistake
Common Scheme
Preparation
Knowledge
Rule 403 Balancing Applies :scales:
Consciousness of Guilt (threatening a witness)
Character as an Element
In a Civil Case, when character is an element of the crime
Habit