816583
Evid. relate to other crimes, wrongs, acts or habits? 404
- Is a person's character or character trait an essential element of a charge, claim, or defense? 405
- Yes? Admissible, and may be proved by relevant specific instances
of the person's conduct. 405(b)
- No? Is it Evidence of the habit or a
person or of the routine practice of an
organization? 406.
- Yes? Admissible
- No?
- In a criminal case, is it evidence of a pertinent trait of the character of
the accused offered by the accused, or by the prosecution to rebut the
same? 404 (a) (2)
- Yes? Admissible, but only through reputation or opinion testimony;
specific acts may only be inquired into on cross-examination 405 (a)
- No? Is it evidence of a trait of character of the
accused offered by the prosecution?
- No? Consider other
permissible uses of
character related evidence
- Yes? Inadmissible, unless it is evidence of the same trait of character of the accused that was offered by
an accused and admitted under Rule 404 (a)(2) regarding a trait of character of the alleged victim of the
crime, if so….
- Is it evid. of a pertinent trait of the character of the alleged victim
offered by the defendant or by the prosecution to rebut the
defendant's evidence concerning the victim's character? 404 (a)(2)
- No? Consider other permissible uses
- Yes? Does the civil or criminal matter involve an alleged sex offense?
- Yes? Is the evidence of specific instances of
sexual behavior by the alleged victim?
- Yes. Has the ∆ complied with the
procedural requirements of the rule 412
(c)
- No? Inadmissible.
- Yes? Is it (1) evidence offered to show past
sexual relations with others of the issue of
whether the accused was the source of semen or
injury. 412 (b)(1)(A) OR (2) evidence offered to
show past sexual relations with the accused to
show consent? 412 (b)(1)(B)?
- Yes? Is the evidence
offered in a criminal
prosecution?
- Yes? Admissible
- No? In civil cases the evidence is admissible if the probative
value of the evidence substantially outweighs the danger of harm
to any victim and of unfair prejudice to any party. 412 (b)(2)
- Yes? Admissible
- No? Is the evidence
offered in a criminal
prosecution?
- Yes? Does the Constitution require the
evidence to be admitted? 412(b)(1)(c)
- No? Inadmissible
- Yes? Admissible
- No? Inadmissible
- No? Admissible.
- Yes? Does the Constitution require the
evidence to be admitted? 412(b)(1)(c)
- Yes? Is the evidence
offered in a criminal
prosecution?
- No? Inadmissible.
- No? Reputation and opinion evidence regarding the
sexual behavior of an alleged victim is not admissible,
except in civil cases when the alleged victim has placed
his or her reputation in controversy. 412; 412 (b) (2)
- Yes. Has the ∆ complied with the
procedural requirements of the rule 412
(c)
- Yes? Is the evidence of specific instances of
sexual behavior by the alleged victim?
- No? Consider other permissible uses
- Is it evid. of a pertinent trait of the character of the alleged victim
offered by the defendant or by the prosecution to rebut the
defendant's evidence concerning the victim's character? 404 (a)(2)
- No? Consider other
permissible uses of
character related evidence
- Yes? Admissible, but only through reputation or opinion testimony;
specific acts may only be inquired into on cross-examination 405 (a)
- Is it evid. of other crimes, wrongs or acts, offered to prove the
character of a person in order to show action in conformity
therewith? 404(b)
- No? Is it evidence of specific acts to show motive,
opportunity, intent, preparation, plan, knowledge,
identity, absence of mistake or lack of accident? 404 (b)
- Yes? Admissible, if a reasonable jury
could find the existence of the
extrinsic offense (104(b)) and its
probative value is not substantially
outweighed by unfair prejudice. 403
- No? Is it evidence of similar crimes, wrongs or
acts offered in a case involving sexual assault
or child molestation?
- No? Inadmissible
- Yes? Is it offered against the accused
in a criminal prosecution?
- No? In Civil Cases, has the party
offering the prior similar act
complied with the procedural
requirements of the rule? 415 (b)
- No? Inadmissible
- Yes? Does the prior offense meet the
respective standard of an "offense of sexual
assault"? 413 (d)(1)-(5); 414 (d)(1)-(6)
- Yes?
- Yes?
- No? Inadmissible
- Yes?
- No? In Civil Cases, has the party
offering the prior similar act
complied with the procedural
requirements of the rule? 415 (b)
- No? Inadmissible
- Yes? Admissible, if a reasonable jury
could find the existence of the
extrinsic offense (104(b)) and its
probative value is not substantially
outweighed by unfair prejudice. 403
- Yes? Inadmissible for this
purpose; consider permissible
uses of character related
evidence
- No? Is it evidence of specific acts to show motive,
opportunity, intent, preparation, plan, knowledge,
identity, absence of mistake or lack of accident? 404 (b)
- In a criminal case, is it evidence of a pertinent trait of the character of
the accused offered by the accused, or by the prosecution to rebut the
same? 404 (a) (2)
- Yes? Admissible
- Yes? Admissible, and may be proved by relevant specific instances
of the person's conduct. 405(b)
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