Massachusetts Jury Instruction - Character Evidence
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How to fill out Jury Instruction - Character Evidence?
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FAQ
Evidence that a defendant compromised or offered to compromise a claim arising from the same transaction with a third person not a party to the action is not admissible to prove the defendant's liability to the plaintiff.
Three factors typically determine the admissibility of character evidence: the purpose for which the character evidence is being used. the form in which the character evidence is offered. the type of proceeding (civil or criminal) in which the character evidence is offered.
Character evidence not admissible to prove conduct; exceptions; other crimes. (a) Character evidence generally. ? Evidence of a person's 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: (1) Character of accused.
Evidence of character, a general description of a person's disposition, is generally inadmissible. Figueiredo v. Hamill, 385 Mass. 1003, 1003?1005 (1982) (testimony that decedent acted in a "habitually reckless manner" was inadmissible character evidence).
Massachusetts follows the universally recognized rule against "propensity" evidence, i.e., evidence of a person's character through reputation or specific acts (see Section 404[b]) offered to suggest that the person acted in conformity with that character or trait on the occasion in question is inadmissible.
609(f). The term conviction means "a judgment that conclusively establishes guilt after a finding, verdict, or plea of guilty.... In a criminal case the sentence is the judgment." Forcier v. Hopkins, 329 Mass.
Evid. 403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.