Arizona Jury Instruction - Character Evidence
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Legal Overview. Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
Testimony about the person's reputation (e.g., co-workers) Testimony in the form of an opinion (e.g., neighbors) Evidence of specific acts on cross-examination of a character witness. Specific instances of conduct (where it is an essential element of a charge, claim, or defense)
When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
Evidence of a defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both: propensity?the defendant is unlikely to have committed the offence with which they are accused. credibility?the defendant is more truthful than someone without such good character.
Examples of real evidence include fingerprints, blood samples, DNA, a knife, a gun, and other physical objects. Real evidence is usually admitted because it tends to prove or disprove an issue of fact in a trial.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...
This means that Bad Character is evidence of: Convictions or cautions; and/or. other 'reprehensible' behaviour; and. which in either case do not specifically relate to the facts of the offence being tried at court, or to the investigation or prosecution of that offence.
This objection is made when improper character evidence has been given as testimony in court. Improper character evidence is when character evidence (think general personality traits) is used to show how a person acted in a specific situation.
