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What is 'propensity evidence'?
What is propensity character evidence?
What is propensity-adjacent evidence?
Can a defendant present no propensity character evidence?
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (2) Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:
- Rule 405. Methods of Proving Character
The language of Rule 405 has been amended as part of the...
- Article IV
Rule 401. Test for Relevant Evidence; Rule 402. General...
- Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, Or Other Reasons
Situations in this area call for balancing the probative...
- Character Evidence
Character evidence is evidence on an individual’s...
- Rule 405. Methods of Proving Character
In a growing number of states, the traditional rule prohibiting propensity evidence from being admitted for the purpose of showing defendants acted in conformity with their character is being overwritten. The new rules explicitly allow for admission of prior bad acts for the purpose of proving character and conformity therewith.
Drawing on some of the cases discussed in Chapter 5 as illustrative examples, this chapter explores the inferential structure of propensity evidence: the reasoning process which links evidence of bad character to guilt.
Sep 17, 2021 · For instance, the “propensity rule” in criminal law—Rule 404(b) of the Federal Rules of Evidence—declines to define propensity at all, when it deems propensity-related evidence generally inadmissible at trial (with exceptions).
- Robert J. Sampson, L. Ash Smith
- 2021
Jul 4, 2008 · Propensity character evidence is the use of evidence of a person’s character or trait of character to prove that he has a propensity to act in a specific manner and thus that he likely acted in conformity with
Mar 3, 2023 · If a piece of evidence is being used for a noncharacter purpose, then it is not being used as propensity evidence. See id. at 404(b)(2). If it is being used as character evidence, unless character is at issue in the trial, its relevance will be to show a character propensity. 4.