Maine Character Evidence

State:
Maine
Control #:
ME-FEDDC-JURY-2-19
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine Character Evidence is evidence that is used in Maine courts to prove a person’s character or reputation. It may include testimony from witnesses who have known the person for a certain period of time and can speak to their character. It can also include evidence of a person’s prior criminal convictions or civil court judgments. There are two types of Maine Character Evidence: reputation evidence and opinion evidence. Reputation evidence is testimony from witnesses who can speak to the person’s overall reputation in the community, while opinion evidence is testimony from witnesses who can give their opinion of the person’s character. Both types of evidence may be used to prove a person’s character or reputation in the eyes of the court.

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FAQ

4. When character evidence is admissible, Rule 405 says that ?it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.? It may not proved through evidence of specific events that illustrate the character trait in action.

Three factors typically determine the admissibility of character evidence: the purpose the character evidence is being used for. the form in which the character evidence is offered. the type of proceeding (civil or criminal) in which the character evidence is offered.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.

When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.

There are essentially three types of evidence that show a person's character: specific acts by the person, lay opinion about the person, and the person's reputation in the community. The admissibility of these different types of character evidence depends on the theory for which the evidence is offered.

(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.

(there is a three-part test for admissibility of evidence of other crimes, wrongs, or acts: (1) the evidence must reasonably support a finding that the accused committed the crime, wrong, or act; (2) the evidence must make a fact of consequence more or less probable; and (3) its probative value must not be

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.

More info

Character evidence is evidence on an individual's personality traits, propensities, or moral standing. Generally, under the common law character evidence is inadmissible inadmissible Admissible evidence is evidence that may be presented before the trier of fact (i.e.Evi. 404(a) explicitly intended that all character evidence, except where 'character is at issue' was to be excluded" in civil cases). Character is a general quality usually attributed to a person. Character evidence is usually not allowed at trial, but there are some limited exceptions. Character evidence includes criminal convictions and reputation in the community for honesty. Same situation (over which the actor exercises complete control) presents itself. This Evidence Law Capsule introduces the concept of Character Evidence. Character Evidence; Crimes or Other Acts. 045 Evidence of character inadmissible to prove conduct; exceptions; other crimes.

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Maine Character Evidence