Rule 404 b evidence which may have been admissible on the merits is not admissible during presentencing unless it constitutes aggravating circumstances within the purview of rule 1001b4. The code of judicial administration is current with amendments received through 3120. Federal rule of evidence 404 federal rule of evidence 404 addresses the admissibility of character evidence. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests. In jury cases, proceedings shall be conducted so as to prevent inadmissible evidence from being made known to the jury. North carolina rule of evidence 404 b, discussed in several other blog posts here, here and here permits the introduction of relevant evidence of other crimes so long as the evidence is offered for a purpose other than showing that because the defendant previously committed a crime, he likewise committed the instant offense. West virginia rules of evidence west virginia judiciary. Excluding relevant evidence for prejudice, confusion, or other reasons the court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following.
In the years since ohio adopted the rules of evidence, ohio has added rules codifying the common law on certain topics that the rules had not addressed. Evidence of a witnesss character may be admitted under rules 607, 608, and 609. Federal rules of evidencerelevancy wikibooks, open books. This often is referred to as reverse rule 404b evidence. These books will, finally, present what they refer to as. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. The chapter is intended for law students and faculty to use in their evidence course. As to matters not covered by these rules, the existing law remains in effect. Advisory committee on rules of evidence, fall 2016 meeting 6.
Character evidence that defendant was a gang member allowed where defendant had put on character evidence of being a good marine. Propensity character evidence is the use of evidence of a persons character or trait of character to prove that he has a propensity to act in a specific manner and thus that he likely acted in conformity with that propensity at the time of an alleged pretrial wrong. Rule 404 b has emerged as one of the most cited rules in the rules of evidence. That the accused was at or about the scene of the crime at the relevant time is evidence in the second sense of his possible involvement in the crime. Making sense of rule 404b office of indigent defense. The need to amend federal rule of evidence 404b villanova. Evidence of prior incidents during which police told defendant that his neighbors could see him exposing himself in his living room window was properly admitted to rebut defendants contention that he did not know he could be seen. Character evidence that defendant was a gang member allowed where defendant had put on character evidence of. Sep 18, 2014 two rules specifically concern evidence of the character of victims of crimes or other wrongs fre 404a2 and fre 412 the rape shield law. What kind of evidence you need, and how much of it, depends on your assessment. Rule 403 excluding relevant evidence for prejudice, confusion, waste of time, or other reasons.
The original text of rule 102 did not suggest what role, if any, the common law was to have in regard to evidentiary issues as to which the rules of evidence were silent. Lawyers and judges alike are unfamiliar with the idea that the defendant can offer evidence of other crimes or acts to prove something other than propensity. The rule is not only the most litigated of the rules of evidence but one of the most difficult to apply correctly. A witnesss character for truthfulness or untruthfulness. The politics behind federal rules of evidence 4, 414, and 415. Character evidence is more frequently introduced in criminal cases than in civil. For example, if a husband kills his motherinlaw and his wife is a witness. The revised provisions have merely incorporated stylistic changes, which were taken verbatim from the federal rule. The term alleged is inserted before each reference to victim in the rule, in order to provide consistency with evidence rule 412. Although the same general presumption against the use of character evidence applies, defendants may offer it and prosecutors may respond in kind in several situations specified in evid. General admissibility of relevant evidence 7 rule 403.
Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. The evidence must address a fact in issue in the case, i. Rule 104b is used in determining two types of evidentiary questions. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. To understand how these and other rules limit evidence of a victims character, consider the following problem.
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Rule 404 b is other crimes, wrongs, and acts evidence. Character evidence that victim was a good nephew and worked hard allowed where defendant offered evidence that victim was a gang member. Apr 29, 2010 and of course, rule 404 b evidence is subject to rule 403 balancing. In fact, many federal opinions refer to the defe nses proposed use of this rule as reverse 404b evidence. Rule 404 b allows for the admission of evidence of other crimes, wrongs or acts for purposes other than to prove propensity. For example, rule 404b has accelerated the trend toward the so.
And in many criminal cases evidence of an accuseds extrinsic acts is viewed as an important asset in the prosecutions case against an accused. Federal rules of evidence 3 c lassroom r esources confessions shall in all cases be conducted out of the federal rules of evidence hearing of the jury. It says that relevant evidence may be excluded if its probative value is substantially outweighed by any of three effects that detract from a fair trial 1 unfair prejudice 2 confusing the issues or misleading the jury 3 undue delay, wasting time, or needlessly presenting cumulative. This presentations purpose is to give you a refresher course on the rules of engagement for a legal mudball fight, aka federal rules of evidence 403, 404 and 405.
Aug 24, 2014 rules of evidence basics rule 404 character evidence. Mode and order of examining witnesses and presenting evidence. Character and habit evidence rules 404, 405, and 406 ripley rand special superior court judge updated july 2009 a. Unlike rule 404 a2ai, which permits rebuttal with evidence of the victims character only after the accused has offered evidence of the victims character, rule 404 a2aii allows the prosecutor to prove that the victim possessed the trait of peacefulness, no matter what kind of evidence is used by the accused to prove that the. The committee notes may be found in the appendix to title 28, united states code, following the particular rule to which they relate.
Reputation evidence with associates, or in the community is a hearsay exception set out in rule 80321. Evidence of a persons character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the. More particularly, character evidence is generally not admissible when offered for. When these issues are being considered, the attorney must tie up the admissibility by presenting extrinsic evidence that proves admissibility. Manner is defined as a way, mode, method of doing anything. B subject to the limitations in rule 412, a defendant may offer evidence of an alleged victims pertinent trait, and if the evidence is admitted, the prosecutor may. On the other hand, under rule 404a2a, the defendant can present evidence of his good character for a pertinent character trait, which then opens the door for the prosecution to present evidence of his bad character for that same character trait. Sep 12, 2011 book, record, register, journal, or other official document or publication purporting to contain, state, or explain such law, and may consider any evidence or other information or argument that is offered on the subject. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence establishing relevancy a basic tenet of american jurisprudence is that. The rule covers evidence of rule 404 b other crimes, wrongs, or acts. Character evidence not admissible to prove conduct.
The committee made the following changes to the published draft of the proposed amendment to evidence rule 404a. The analysis of the issue in appellate opinions is often incomplete. Evidence of a persons character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. The north carolina rules of evidence are as follows. Rule 403 is known to all lawyers as the prejudice rule. All other state court rules are current with amendments received through 21520. Limiting evidence that is not admissible against other parties or for other purposes. Where no rule is set out on a particular topic, adoption of the rules shall have no effect on current law or practice. Rule 402 general admissibility of relevant evidence. Rule of evidence 404b as a rule of inclusion and liberally admit. Rule 404 character evidence not admissible to prove conduct. Redden, federal rules of evidence manual 101 3d ed.
Proposed revisions to the west virginia rules of evidence public comment version 3 committee comment on rule 103 rule 103a, c, d, and e are substantively the same as the current state version of the rule. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. The resulting sloppy analysis and lack of consistency makes it difficult for counsel to know what the law is or should be. Giannelli, the admissibility of novel scientific evidence. Rule 404 b lists identity, motive, intent, and knowledge. The supreme court prescribes federal rules of evidence pursuant to section 2072 of title 28, united states code, as enacted by title iv rules enabling act of pub. For instance, evidence that a defendant charged with a crime of violence had a. The books will then assail you with highly complicated rules for how you may and may not prove character. Terry kim perrin drove his car into another car on an oklahoma highway. Bowmans excellent text, the hawaii rules of evidence manual 20162017. The legal concept of evidence stanford encyclopedia of. Rules of evidence basics rule 404 character evidence. In a criminal case, evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same or if evidence of the alleged victims character for aggressiveness or violence is offered by an accused and admitted under rule 404 a 2, evidence of the same trait of character of the accused offered by the. Thus, for example, rule 404 b allows for admission of evidence that the defendant possessed incestuous pornography to show his intent to engage in sexual.
Evidence of a persons character or trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except. C in a homicide case, the prosecutor may offer evidence of the alleged victims trait of peacefulness to rebut evidence that the victim was the first aggressor. This chapter on propensity character evidence under rule 404 of the federal rules of evidence, is part of a continuing series of chapters written by the author exploring topics in evidence. On that hawaii rules of evidence hre book page you can download a free copy of this book in word or pdf format the hawaii rules of evidence with the commentary the hawaii rules of evidence without the commentary the federal rules of evidence for an explanation of the case law and policy behind the hawaii rules of evidence, see addison. This book in word or pdf format the hawaii rules of evidence with the commentary the hawaii rules of evidence without the commentary the federal rules of evidence for an explanation of the case law and policy behind the hawaii rules of evidence, see addison bowmans excellent text, the hawaii rules of evidence manual 20162017, which is. Real character evidence is 404 a evidence and is usually limited to reputation and opinion. Best practices for authenticating certain electronic evidence.
Evidence of a persons character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except. Committee note that was set forth in the agenda book. Chapter 90 section 404 2011 florida statutes the florida. We will focus on the defendants affirmative use of 404 \b\ evidence in cases involving\ selfdefense, mistaken identity, and the government s use of cooperating witnesses. When defendants offer this evidence, they attempt to prove that someone else is guilty of the crime attributed to them. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. We will focus on the defendants affirmative use of 404b evidence in cases involving selfdefense, mistaken identity, and the governments use of cooperating witnesses. The committee made the following changes to the published draft of the proposed amendment to evidence rule 404 a. Rule 702 tab a reporters memo tab b forensic caselaw digest spring 2019 iv. Two rules specifically concern evidence of the character of victims of crimes or other wrongs fre 404 a2 and fre 412 the rape shield law. Sco 906 incorporated changes in evidence rule 404 made by the. Thus, trustworthiness can best be defined in the rule as requiring. Rule 106 tab a reporters memo tab b memo from professor liesa richter regarding state counterparts to rule 106 v. Can you explain evidence rule 404 and 405 for me i dont.
It is a complete reprinting and incorporates the mcm 2012 edition, including all amendments to the preamble, rules for courtsmartial r. Ask a law librarian for help finding just the right source of information or learning how to use it. When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons 8 rule 404. Aug 25, 2006 defendants have the same right to offer rule 404b evidence as prosecutors, and they are not required to give pretrial notice under the federal rules of evidence. The term evidence can, secondly, refer to a proposition of fact that is established by evidence in the first sense. Dec 06, 2010 maready further characterized goodman as an exception to the general rule that remoteness in time affects the weight rather than the admissibility of 404b evidence, particularly when the prior conduct is offered to prove a defendants state of mind rather than that the earlier actions are part of a common scheme or plan.
The manual for courtsmartial mcm, united states 2016 edition updates the mcm 2012 edition. Their books will have the term character evidence in big, bold type often preceded by an intimidating and importantlooking roman numeral, signifying the start of a new topic. Some of the different legal rules for excluding evidence will be laid out below in this paper e. Federal rules of evidenceintroduction wikibooks, open. Effect of an acquittal on admissibility of rule 404 b. These rules govern proceedings in the courts of this state to the extent and with the exceptions stated in rule 1101. Subsection 1b of rule 404c is intended to modify the treadaway rule by permitting the court to admit evidence of remote or dissimilar other acts providing there is a reasonable basis, by way of expert testimony or otherwise, to support relevancy, i. Evidence of a persons character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except.