Massachusetts Jury Instruction - Character Evidence

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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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.

More info

Jan 1, 2023 — Evidence of a person's character or a character trait is ... the first complaint witness, the court must give the jury a limiting instruction. Evidence of character, a general description of a person's disposition, is generally inadmissible. Figueiredo v. Hamill, 385 Mass. 1003, 1003-1005 (1982) ( ...The Massachusetts Guide to Evidence is prepared annually by the Supreme Judicial Court's. Advisory Committee on Massachusetts Evidence Law. By direction of the ... Character may only be introduced through evidence of general reputation, except as provided by G. L. c. 233, § 21 (evidence of person's prior conviction is ... (3) Rule 405 – circumstantial use of character evidence: Where character trait is admissible, proof on direct examination may be made by testimony involving. by HPH Marshall · 1982 · Cited by 1 — Role of judge and jury; what is evidence; matters not to be con- sidered; evidence admitted for a limited purpose, etc. 9. Standard Introduction to the Charge . This chapter addresses the jury's role in a criminal trial, including measures designed to prevent, investigate or remedy jury exposure to extraneous ... See also, Special Instruction 11, Character Evidence (relating to evidence of the character of the accused offered under Rule 404(a)(1), Fed. R. Evid.), and the ... Sep 1, 2014 — Mottla, Proof of Cases in Massachusetts § 1201 (2d ed. 1966). In determining whether the defendant/juvenile acted “intentionally,” you should ... Where supported by the evidence, the defendant is entitled to an instruction ... The jury should be permitted to consider any evidence of the defendant's mental ...

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Massachusetts Jury Instruction - Character Evidence