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Terms in this set (79)

(1) Character of accused: isn't admissible to prove that on a particular occasion the person acted in accordance with the character or trait
(2) Character of victim(or defendant in criminal case):
(a) defendant can offer evidence of defendant's trait and if admitted the prosecutor can offer evidence to rebut
(b) defendant can offer evidence of victims trait AND IF admitted prosecutor can both rebut it and offer evidence of the defendants same trait
(c) in homicide, prosecutor can offer evidence of victim's trait of peacefulness to rebut evidence of victim being first aggressor
(3) Character of witness: Evidence of a witness's character may be admitted under Rules 607, 608, and 609.
b. (1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:
(A) provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;
(B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and
(C) do so in writing before trial — or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
(a) Definition of unavailability
Criteria for Being Unavailable.
(1) exempt bc of privilege (6th amendment etc)
(2) refuses to testify despite a court order;
(3) testifies to not remembering;
(4) cannot be present bc death or a then-existing infirmity, physical illness, or mental illness; or

(5) is absent from the trial or hearing and the statement's proponent has not been able, by process or other reasonable means, to procure:
(A) the declarant's attendance, in the case of a hearsay exception under Rule 804(b)(1) or (6); or
(B) the declarant's attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), (3), or (4).
(b) Hearsay exceptions:
(1) Former testimony
-was given as a witness at a trial/hrearing/lawful deposition AND
-is now offered against party who had (or in ciivl predecessor in interest had) an opportunity/similar motive to develop by direct/cross/redirecrt examination
(2) Statement under belief of impending death (ONLY HOMICIDE AND CIVIL)
-declarant made statement about death's cause ofr consequences while believing their death to be IMMINENT
(3) Statement against interest
-reasonable person would've made only if true bc it was so contrary to d's proprietary/pecuniary interest/invalidated d's claim/exposed d to civil or criminal liability AND
-is supported by corroborating circumstances to indicate trustworthiness (in criminal it exposes them to liability)
(4) Statement of personal or family history
-statmenet about adoption, family history, even though D had no way of acquiring personal knowledge, OR
-another person concerning any of these facts as well as death if related to D by blood, adoption, marriage or was so intimately associated w persons family
(6) Forfeiture by wrongdoing
- statement offered against party that wrongfully caused (or acquiesced in) the declarants unavailability as a witness and did so with this intent