Character Evidence Admissibility

Summary

Character evidence can be admissible in criminal cases if relevant, such as in self-defense claims. In civil cases, it is generally admissible only as reputation or opinion, not specific instances, unless exceptions apply. Hearsay is inadmissible unless an exception applies. Prior bad acts can be admissible if their probative value outweighs unfair prejudice.

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In the prosecution of D for the molestation of V, a child, D claims she was not the one who committed the crime. To prove that D molested V, the prosecution offers evidence that several years earlier, D molested another child. Which of the following statements is correct? o The evidence is inadmissible as character evidence. o The evidence is admissible unless the court finds that the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. o The evidence is admissible to prove modus operandi to molest children, and thus prove D’s identity as the perpetrator. o The evidence is admissible regardless of the balance of probative value and unfair prejudice.
In this scenario, the correct statement is:
- The evidence is admissible unless the court finds that the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.
This is because evidence of prior bad acts can be admissible to show things like motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, as long as its probative value outweighs the danger of unfair prejudice.
In a civil action by the P against D for battery during a professional basketball game, D had been cheering for the visiting team when P asked him to “cut it out.” P claims D then punched P. D claims he never touched P. To prove his defense, D calls W to testify that she was with D at another game when D cheered for the visiting team, that a home team fan asked D to stop, and that D just shrugged it off. P objects. Which of the following statements is correct? o The evidence is admissible character evidence. o The evidence is admissible habit evidence. o The evidence is inadmissible because it is offered in the form of specific instances or conduct rather than reputation or opinion. o The evidence is inadmissible because D may not use character evidence to support her defense in this situation.
In this scenario, the correct statement is:
- The evidence is inadmissible because it is offered in the form of specific instances or conduct rather than reputation or opinion.
This is because character evidence is generally only admissible in the form of reputation or opinion, not specific instances of conduct, unless certain exceptions apply.
In a negligence action by P against D, P claims that D failed to yield the right of way at an intersection and smashed into P. To prove that D failed to yield, P calls W to testify that a number of D’s friends told her that D frequently drives through that intersection and almost always fails to yield. D objects. Which of the following statements is correct? o W’s testimony is inadmissible because character is not admissible in this situation. o W’s testimony is inadmissible because behavior will only constitute a habit if it is repeated invariably. o W’s testimony is inadmissible as hearsay. o W’s testimony is inadmissible as habit evidence.
Case Rating: *
In this scenario, the correct statement is:
- W's testimony is inadmissible as hearsay.
This is because W's testimony involves statements made by D's friends, which are being offered to prove the truth of the matter asserted, and thus qualify as hearsay.
In a civil action by the P against D for battery during a professional basketball game, D had been cheering for the visiting team when P asked him to “cut it out.” P claims D then punched P. D claims he never touched P. To prove his defense, D calls W to testify that she was with D at another game when D cheered for the visiting team, that a home team fan asked D to stop, and that D just shrugged it off. P objects. Which of the following statements is correct? o The evidence is admissible character evidence. o The evidence is admissible habit evidence. o The evidence is inadmissible because it is offered in the form of specific instances or conduct rather than reputation or opinion. o The evidence is inadmissible because D may not use character evidence to support her defense in this situation. I got The evidence is inadmissible because D may not use character evidence to support her defense in this situation. from quizlet - I need the correct answer for a test
Case Rating: *
In this scenario, the correct statement is:
- The evidence is inadmissible because it is offered in the form of specific instances of conduct rather than reputation or opinion.
Character evidence is generally only admissible in the form of reputation or opinion, not specific instances of conduct, unless certain exceptions apply.
In a civil action by the P against D for battery during a professional basketball game, D had been cheering for the visiting team when P asked him to “cut it out.” P claims D then punched P. D claims he never touched P. To prove his defense, D calls W to testify that she was with D at another game when D cheered for the visiting team, that a home team fan asked D to stop, and that D just shrugged it off. P objects. Which of the following statements is correct? o The evidence is inadmissible because it is offered in the form of specific instances or conduct rather than reputation or opinion. o The evidence is inadmissible because D may not use character evidence to support her defense in this situation.
Case Rating: *
The correct statement is:
- The evidence is inadmissible because it is offered in the form of specific instances of conduct rather than reputation or opinion.
Character evidence is typically only admissible as reputation or opinion, not specific instances of conduct, unless specific exceptions apply.