Character Evidence (FRE 404-405, 412-415), Habit & Routine (FRE 406) [LEAP Preview — Evidence: 3/14]

Studicata

18 Jan 202021:17

EducationalLearning

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TLDRThis video script delves into the complexities of character evidence in the context of the Federal Rules of Evidence, specifically rules 404-415. It distinguishes between reputation and opinion testimony and specific instances of conduct, emphasizing the importance of identifying whether the case is civil or criminal and the purpose for which the character evidence is introduced. The script also highlights the exceptions to the general rule against propensity evidence in civil cases and the differences in approach between civil and criminal cases, aiming to provide law students with a clear framework for analyzing character evidence in legal proceedings.

Takeaways

📚 Character evidence is generalized information about a person's behavior, admissible under Federal Rules of Evidence 404-405 and 412-415.
🔍 Character evidence can be presented in two forms: reputation and opinion testimony, or specific instances of conduct.
🗣️ Reputation evidence involves a witness's opinion or community's view on a person's character, while specific instances require actual observation of behavior.
🚫 Rule 406 distinguishes between specific instances of conduct and habit/routine practices, with the latter being generally admissible to show consistent behavior.
❌ In civil cases, character evidence for propensity purposes is generally inadmissible unless character is an essential element of the claim or defense, or involves sexual misconduct allegations.
🚨 In criminal cases, the prosecution cannot introduce character evidence for propensity, but defendants can 'open the door' to present character evidence.
📈 The analysis of character evidence involves three key variables: the type of case (civil or criminal), the purpose of introducing the evidence (propensity or non-propensity), and the form of the evidence.
🔑 Understanding the purpose of character evidence introduction is crucial; it must not be used to imply propensity for the alleged act in civil cases without exceptions.
📝 The script emphasizes the importance of memorizing exceptions and applying them to analyze character evidence admissibility in legal cases.
👥 Testimonials from law students highlight the effectiveness of the study materials in preparing for law exams and understanding legal concepts.
🎓 The video is a preview of a legal education program aimed at helping law students with their studies and exam preparation.

Q & A

What is character evidence according to the Federal Rules of Evidence?
-Character evidence is generalized information regarding a person's behavior. It can come in the form of reputation and opinion testimony or specific instances of conduct.
How does Rule 405 of the Federal Rules of Evidence define character evidence?
-Rule 405 allows character evidence to be introduced through reputation and opinion testimony or specific instances of conduct.
What are the two forms in which character evidence can be presented?
-Character evidence can be presented in the form of reputation and opinion testimony or specific instances of conduct.
What is the difference between reputation and opinion testimony and specific instances of conduct?
-Reputation and opinion testimony involve a witness stating their opinion or knowledge of a person's reputation, while specific instances of conduct involve a witness pointing to a specific past action that characterizes the person's behavior.
How does Rule 406 of the Federal Rules of Evidence relate to character evidence?
-Rule 406 distinguishes between specific instances of conduct and habit and routine practice. Habit and routine practices are generally admissible to show that a person acted in accordance with that habit or routine, but they are not considered character evidence under Rule 404.
What are the three steps or variables needed to analyze character evidence?
-The three steps or variables needed to analyze character evidence are: 1) establishing whether it is a civil or criminal case, 2) determining why the character evidence is being introduced (for propensity purposes or non-propensity purposes), and 3) identifying the form of the character evidence (reputation or opinion testimony or a specific instance of conduct).
Why is character evidence generally inadmissible for propensity purposes in civil cases?
-Character evidence is generally inadmissible for propensity purposes in civil cases because it is considered prejudicial and not relevant to the issues in the case, unless one of two exceptions applies.
What are the two exceptions that allow character evidence to be introduced for propensity purposes in civil cases?
-The two exceptions are when character is an essential element of the claim or defense, or when the case involves a claim for relief based on the defendant's alleged sexual assault or child molestation.
How does the introduction of character evidence differ in criminal cases compared to civil cases?
-In criminal cases, the prosecution cannot introduce character evidence for propensity purposes, but the defendant can 'open the door' and present character evidence. This is different from civil cases where character evidence is generally not admissible for propensity purposes unless one of the exceptions applies.
What is the significance of the terms 'always' or 'every time' in determining whether evidence is habit or routine practice?
-The terms 'always' or 'every time' are indicators that the evidence is describing a habit or routine practice, rather than character evidence. Habits and routine practices are generally admissible to show a person's consistent behavior, but they are not considered character evidence under Rule 404.
What is the purpose of the video script's discussion on character evidence?
-The purpose of the video script's discussion on character evidence is to educate viewers on the rules and distinctions related to character evidence in the context of the Federal Rules of Evidence, particularly focusing on how and when such evidence can be introduced in legal proceedings.

Outlines

00:00

📚 Understanding Character Evidence

This paragraph introduces the concept of character evidence in the context of the Federal Rules of Evidence, specifically rules 404 through 405 and 412 through 415. It explains that character evidence involves generalized information about a person's behavior, which can be presented as reputation and opinion testimony or specific instances of conduct. The paragraph distinguishes between these two forms and provides examples of each, such as a witness testifying about someone's reputation or specific actions like a bar fight.

05:02

🔍 Habit and Routine Practice vs. Character Evidence

This section differentiates character evidence from habit and routine practice, emphasizing the Federal Rules of Evidence Rule 406. Habit and routine practices are specific, repeated actions, such as always wearing a seatbelt, which are admissible to show that a person acted consistently with that habit. In contrast, character evidence is more generalized and often inadmissible. Key indicators like 'always' or 'every time' suggest habit rather than character evidence.

10:04

⚖️ Analyzing Character Evidence: Civil vs. Criminal Cases

The paragraph outlines the steps for analyzing character evidence, starting with identifying whether the case is civil or criminal. It explains that in civil cases, character evidence is generally not admissible to show propensity unless character is an essential element of the claim or defense or involves the defendant's sexual misconduct. It highlights the importance of distinguishing between propensity and non-propensity purposes when introducing character evidence.

15:05

🚦 Exceptions in Civil Cases and Propensity Evidence

This part discusses the exceptions to the general rule against admitting character evidence for propensity purposes in civil cases. It specifies that character evidence can be introduced if it is an essential element of the claim or defense, such as in defamation cases, or if the case involves sexual misconduct. The section emphasizes that while propensity evidence is generally inadmissible, there are situations where it is crucial for proving a case.

20:06

🧑‍⚖️ Character Evidence in Criminal Cases and Student Testimonials

The paragraph addresses the use of character evidence in criminal cases, where the prosecution cannot introduce it for propensity purposes, but the defendant may do so. It briefly mentions the conclusion of the video and encourages viewers to explore additional resources. The end of the paragraph features testimonials from law students about the effectiveness of the educational program, highlighting their success and recommending the resource to others.

Mindmap

Keywords

💡Character Evidence

Character evidence refers to information that tends to prove a person's general behavior or disposition. It is central to the video's theme as it is the main subject being discussed. In the script, character evidence is broken down into two forms: reputation and opinion testimony, and specific instances of conduct. The video explains how character evidence is used in legal proceedings, particularly under the Federal Rules of Evidence.

💡Federal Rules of Evidence

The Federal Rules of Evidence are a set of guidelines used in federal legal proceedings to determine the admissibility of evidence. The video specifically discusses rules 404 through 405 and 412 through 415, which pertain to character evidence. These rules are essential to understanding the script's discussion on when and how character evidence can be presented in court.

💡Reputation and Opinion Testimony

Reputation and opinion testimony is a form of character evidence where a witness shares their opinion or the community's perception about a person's character. The script uses examples such as a witness stating their opinion about the defendant being a 'violent person' after knowing them for 20 years, illustrating how this form of evidence is presented in court.

💡Specific Instances of Conduct

Specific instances of conduct are particular events or actions that are used as character evidence to show a person's behavior. The video script provides examples like a witness recounting seeing the defendant in a bar fight, indicating the defendant's violent nature. This form of evidence is contrasted with reputation and opinion testimony to highlight different ways character can be established in court.

💡Rule 406

Rule 406 of the Federal Rules of Evidence distinguishes between specific instances of conduct and habit or routine practice. The video script explains that while specific instances of conduct can be used as character evidence, habits and routine practices are generally admissible to show that a person acted in accordance with them. For example, always wearing a seatbelt because it's a habit would not be considered character evidence under Rule 406.

💡Civil Case

A civil case is a legal dispute between two or more parties, typically involving matters of contract or tort. The script discusses the admissibility of character evidence in civil cases, noting that it is generally not allowed for propensity purposes unless specific exceptions apply, such as when character is an essential element of the claim or defense.

💡Criminal Case

A criminal case involves the government prosecuting an individual for a crime. The video script differentiates the rules for character evidence in criminal cases from those in civil cases, stating that the prosecution cannot introduce character evidence for propensity purposes, but the defendant can 'open the door' to such evidence.

💡Propensity

Propensity in the context of the video refers to the likelihood or tendency of a person to act in a certain way based on their character. The script explains that introducing character evidence to show propensity is generally inadmissible in civil cases unless specific exceptions apply. For example, a party might argue 'because he is a violent person, he had the propensity to commit murder,' which is generally not allowed unless it meets certain conditions.

💡Non-Propensity Purposes

Non-propensity purposes are reasons for introducing character evidence other than to show a person's propensity to act in a certain way. The script clarifies that if character evidence is introduced for reasons other than to prove propensity, such as to establish a person's state of mind or to rebut other evidence, it falls outside the scope of Rule 404 and is generally allowed.

💡Defamation

Defamation is a civil wrong where a person's reputation is harmed by false statements. The video script uses defamation as an example of a case where character evidence is an essential element of the claim, as the plaintiff must show harm to their reputation, which may involve presenting character witnesses to establish their pre-statement reputation.

💡Sexual Misconduct

Sexual misconduct refers to inappropriate or unwelcome sexual behavior or actions. The script mentions sexual misconduct as an exception to the general rule against introducing character evidence for propensity purposes in civil cases, allowing for the introduction of prior instances of sexual assault or child molestation to show propensity.

Highlights

Character evidence is generalized information about a person's behavior.

Under Rule 405, character evidence can come in two forms: reputation and opinion testimony, or specific instances of conduct.

Reputation and opinion testimony involves a witness stating their belief about a person's character, such as 'I believe the defendant is a violent person.'

Specific instances of conduct involve a witness describing a particular event that illustrates a character trait, like 'I saw the defendant get into a bar fight last week.'

Rule 406 distinguishes between specific instances of conduct and habit/routine practice, with habits being generally admissible.

Buzzwords like 'always' or 'every time' typically indicate habit or routine practice, not character evidence.

In character evidence analysis, three steps are crucial: identifying if it's a civil or criminal case, determining if the evidence is for propensity or non-propensity purposes, and identifying the form of evidence under Rule 405.

In civil cases, character evidence for propensity purposes is not admissible unless character is an essential element of the claim or involves sexual misconduct.

Essential elements requiring character evidence include claims like defamation, where reputation harm must be shown.

In criminal cases, the prosecution cannot introduce character evidence for propensity, but the defendant can open the door by presenting character evidence.

When character evidence is introduced for non-propensity purposes, Rule 404 is not at issue, but it still needs to be discussed in evidence essays.

Character evidence analysis requires understanding if it's a civil or criminal case, the purpose of the evidence, and the form of the evidence.

In civil cases, if neither exception applies, character evidence to show propensity is inadmissible.

In criminal cases, defendants may introduce character evidence, impacting the analysis differently than in civil cases.

The analysis of character evidence involves memorizing specific rules and procedures, which becomes straightforward once the initial variables are identified.

Transcripts

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