Evidence MBE

The accused in a criminal case can introduce evidence of his good character to show his innocence of the alleged crime. FRE 405 allows the defendant to call a qualified witness to testify as to his personal opinion concerning the trait of the defendant that is involved in the case.

Describes one's regular response to a specific set of circumstances

Describes one's disposition in respect to general traits. In a criminal case, the defense can initiate evidence of the defendant's character but the prosecution cannot make issue of the defendant's character until the defendant has elected to put his character in issue.

Evidence of character to prove the conduct of a person in the litigated event is generally not admissible in a civil case.

A statement offered against a party that is the party's own statement is NOT hearsay and therefore cannot be excluded by the rule against hearsay (admission of a party-opponent).

Makes offers to compromise a disputed claim inadmissible to prove liability for the claim.
- Needs to be a claim made i.e. that needs to be an actual dispute between the parties.
- public policy rationale = to encourage settlement of disputes without litigation.

Bars evidence that a person has liability insurance when offered to show fault or ability to pay. Excludes evidence of liability insurance on the issue of whether a person acted negligently or wrongfully.

Statement against interest exception to the hearsay rule = reqs the declarant to be unavailable as a witness.

A witness may be impeached through cross-examination by evidence that he is biased or has an interest in the outcome of the case i.e. evidence that shows that he has a motive to lie.

Impeaching on the basis of poor character for truthfulness -> reqs a criminal conviction rather than just an indictment (unless it was for a crime probative of truthfulness, such as perjury, which could be the subject of cross-examination under Rule 608(b) even if there has not yet been a conviction.

Witness may be impeached by interrogating him as to specific acts of misconduct that may affect his character and show him to be unworthy of belief. (i.e. Witness may be interrogated on cross with respect to any specific act that may impeach his character and show him to be unworthy of belief, as long as the act is probative of truthfulness i.e. an act of deceit or lying.)
- A conviction of a crime is not necessary under this rule.

Reqs that the evidence's probative value be substantially outweighed by the danger of unfair prejudice for it to be excluded.

Former testimony -> testimony of a now unavailable witness given at another hearing under oath is admissible in a subsequent trial as long as there is a sufficient similarity of parties and issues so that the opportunity to develop testimony or cross-examine at the prior hearing was meaningful.
- In criminal cases, the accused or his attorney must have been present and have had the opportunity to cross at the time the testimony was given.
- EXCEPTION to hearsay rule.

Issue is decided by the judge and it is within the judge's discretion whether the jury should be excused.

Evidence of a witness's character is admissible only after the witness's character for truthfulness has been attacked.
- A party may put a witness on the stand to bolster another witness's credibility only when the witness's credibility has been attacked.