Extrinsic Evidence
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- Done by calling different witnesses or documents that relate to the
witness's credibility
- EXTRINSIC evidence can be limited in different forms of impeachment
- Usually must lay out a foundation
Purposes for Admitting Character Evidence
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, 1. When a person acted in conformity with a particular character trait on the
occasion in question
2. Person's character is "at issue" in the case
3. Impeachment
Example of Impermissible Use of Character Evidence
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Evidence of the defendant's good driving record is being offered to show
that she is a careful driver and to raise the inference that, when the accident
occurred, she was acting in conformity with that trait. This constitutes
impermissible use of character evidence and is inadmissible
- If character was "in issue," driving record could potentially come in
What is not a public record?
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POLICE REPORTS
- Not admissible against criminal defendant even if within public record or
business records exception - always hearsay
- Public records kept out if the opponent demonstrates that the source of
the information or other circumstances indicate untrustworthiness
Defendant's Other Acts of Sexual Misconduct or Child Molestation
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, Criminal OR Civil:
- Court may admit other specific sexual conduct for any relevant purpose
including that the D has a propensity to commit sex crimes
- Rationale: sexual predators really do engage in this type of conduct
- Conduct in conformity is permitted against the defendant in these cases
- Burden of proof: sufficient to support a jury finding
Hearsay Exception: Business Records (Records of a Regularly Conducted Activity)
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MUST be kept in the course of regularly conducted activity; making the
record must be regular practice
- It must be made at or near the time of event or condition
- Information must be within the personal knowledge of employees of the
business
- People who have a business duty to report must make the record and
must have personal knowledge of what is in the record i.e. observed it
themselves → ok if someone else writes it down
- Business orgs, sole proprietorships, churches and not for profits all apply
- ABSENCE of business record is admissible to prove something did not
happen
Made out of court
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Statement that was not made from the witness stand at this current trial or
hearing
EX: previous testimony is an out of court statement
, Criminal Cases: Victim's Character to Show Conduct in Conformity in Self-Defense
Case
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a criminal defendant may offer evidence of the alleged victim's pertinent
trait and if it is admitted, the door swings open and the prosecutor may
offer evidence to rebut it OR may offer evidence of the defendant's
character for the same trait
EX: : Dennis has been charged with assault b/c he threw a chair at Violet.
Denis claims Violet initiated the fight by attacking him with a knife and he
wants to establish that Violet is violent. Violet may now offer evidence that
Denis is the violent one or claim she is a peaceful person
Character Evidence Definition
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evidence that refers to a person's general disposition for a certain trait
- Honesty or dishonesty
- Peaceful or violent
- Careful or careless (i.e. detail oriented for example would fall under
character and NOT habit)
Impeachment Method 6: Prior Criminal Convictions
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- Done by calling different witnesses or documents that relate to the
witness's credibility
- EXTRINSIC evidence can be limited in different forms of impeachment
- Usually must lay out a foundation
Purposes for Admitting Character Evidence
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, 1. When a person acted in conformity with a particular character trait on the
occasion in question
2. Person's character is "at issue" in the case
3. Impeachment
Example of Impermissible Use of Character Evidence
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Evidence of the defendant's good driving record is being offered to show
that she is a careful driver and to raise the inference that, when the accident
occurred, she was acting in conformity with that trait. This constitutes
impermissible use of character evidence and is inadmissible
- If character was "in issue," driving record could potentially come in
What is not a public record?
Give this one a try later!
POLICE REPORTS
- Not admissible against criminal defendant even if within public record or
business records exception - always hearsay
- Public records kept out if the opponent demonstrates that the source of
the information or other circumstances indicate untrustworthiness
Defendant's Other Acts of Sexual Misconduct or Child Molestation
Give this one a try later!
, Criminal OR Civil:
- Court may admit other specific sexual conduct for any relevant purpose
including that the D has a propensity to commit sex crimes
- Rationale: sexual predators really do engage in this type of conduct
- Conduct in conformity is permitted against the defendant in these cases
- Burden of proof: sufficient to support a jury finding
Hearsay Exception: Business Records (Records of a Regularly Conducted Activity)
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MUST be kept in the course of regularly conducted activity; making the
record must be regular practice
- It must be made at or near the time of event or condition
- Information must be within the personal knowledge of employees of the
business
- People who have a business duty to report must make the record and
must have personal knowledge of what is in the record i.e. observed it
themselves → ok if someone else writes it down
- Business orgs, sole proprietorships, churches and not for profits all apply
- ABSENCE of business record is admissible to prove something did not
happen
Made out of court
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Statement that was not made from the witness stand at this current trial or
hearing
EX: previous testimony is an out of court statement
, Criminal Cases: Victim's Character to Show Conduct in Conformity in Self-Defense
Case
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a criminal defendant may offer evidence of the alleged victim's pertinent
trait and if it is admitted, the door swings open and the prosecutor may
offer evidence to rebut it OR may offer evidence of the defendant's
character for the same trait
EX: : Dennis has been charged with assault b/c he threw a chair at Violet.
Denis claims Violet initiated the fight by attacking him with a knife and he
wants to establish that Violet is violent. Violet may now offer evidence that
Denis is the violent one or claim she is a peaceful person
Character Evidence Definition
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evidence that refers to a person's general disposition for a certain trait
- Honesty or dishonesty
- Peaceful or violent
- Careful or careless (i.e. detail oriented for example would fall under
character and NOT habit)
Impeachment Method 6: Prior Criminal Convictions
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