Chapter 4 - CHAPTER 4 Statutory Limits on Particular Evidence

JurisdictionUnited States

Chapter 4 Statutory Limits on Particular Evidence

A. Character & Related Evidence

§1 Overview

§1.1 Categories of behavioral evidence
§1.2 Purpose of behavioral evidence
§1.3 Types of evidence admissible to prove behavioral evidence

§2 Character evidence offered to attack or support witness credibility

§3 Character evidence offered to prove propensity

§3.1 Generally excluded
§3.2 Exception—Defendant's good character
§3.3 Exception—Victim's negative character
§3.4 Exception—Defendant's propensity to commit sexual offenses
§3.5 Exception—Defendant's propensity to commit family violence

§4 Character evidence of other acts offered for nonpropensity purposes

§4.1 Admitting Evid. C. §1101(b) evidence
§4.2 Rebutting Evid. C. §1101(b) evidence
§4.3 Jury instruction

§5 Character evidence offered to prove ultimate fact in dispute

§6 Profile evidence offered against defendant

§6.1 Admitting profile evidence
§6.2 Rebutting profile evidence
§6.3 Jury instruction

§7 Syndrome evidence offered to explain behavior

§7.1 Admitting syndrome evidence
§7.2 Rebutting syndrome evidence
§7.3 Jury instruction

B. Impeachment & Rehabilitation of Witnesses

§1 Overview

§1.1 Parties that can impeach or rehabilitate
§1.2 Who can be impeached or rehabilitated
§1.3 Methods of impeachment & rehabilitation

§2 Scope & limits of impeachment & rehabilitation

§2.1 General scope
§2.2 Limitations on relevant evidence

§3 Specific types of impeachment evidence

§3.1 Demeanor
§3.2 Character of testimony
§3.3 Capacity to perceive, recollect, or communicate
§3.4 Opportunity to perceive
§3.5 Character trait of dishonesty or
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