Oregon Jury Instruction - Character Evidence
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How to fill out Oregon Jury Instruction - Character Evidence?
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FAQ
If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise.
Character evidence is evidence on an individual's personality traits, propensities, or moral standing. Generally, under the common law character evidence is inadmissible in criminal cases unless the defendant raises the issue first. The U.S. Supreme Court in Michelson v.
Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or, among other reasons, based on hearsay).
(1) Evidence of a person's character or trait of character is admissible when it is an essential element of a charge, claim or defense.
In court proceedings, there are four criteria expert evidence must satisfy in order to be admissible: it is relevant, it is necessary, it does not trigger any exclusionary rules, and it is provided by a properly-qualified expert.
The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary.
There are four main types of evidence that are used in court: real evidence, documentary evidence, demonstrative evidence, and testimonial evidence. Each of these has an important role in the court and for the jury.
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.