Table of Contents -- Evidence: A Structured Approach

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Contents
a. Character Defined 315
b. Potential Uses of Character Evidence 317
c. Methods of Proving Character: Rule 405 318
d. Proving Character When Character
Is “In Issue” 321
e. Proving Character as Circumstantial
Evidence of Out-of-court Conduct 322
i. The Basic Rule 322
ii. Evidence of a Criminal Defendant’s Character 324
(a) In general 324
Michelson v. United States 324
(b) Sexual assault and child
molestation cases 332
iii. Evidence of an Alleged Crime
Victim’s Character 336
(a) Defendant’s proof of an alleged
crime victim’s character 336
(b) Special rule for rape victims 337
Olden v. Kentucky 338
(c) Additional exceptions to the
exclusion of character evidence
to prove conduct; special rule for
homicide prosecutions 342
C. Other Crimes, Wrongs, or Acts 343
1. Introduction 344
2. The Basic Principle 344
Robbins v. State 348
3. What Is a “Crime, Wrong, or Act” 354
4. Timing of Uncharged Misconduct 355
5. Degree of Required Similarity between Charged
and Uncharged Conduct 356
6. Purposes for Which Evidence May Be Offered 359
7. Procedure for Determining Admissibility 360
8. Putting It All Together 362
9. Judge/Jury Functions: Required Quantum
of Proof of Uncharged Misconduct 363
Huddleston v. United States 364
D. Habit Evidence 369
E. Evidence of Similar Events 371
Chapter 5:
Exclusion of Other Relevant Evidence
for Reasons of Policy 375
A. Introduction 375
B. Subsequent Remedial Measures 375
1. Rationale for the Rule 376
2. Efficacy and Necessity of Exclusionary Rule 376
3. Limited Exclusionary Principle 377