Criminal Law (LAW 5223) Character Evidence flowchart

• UniversityUniversity of Oklahoma
• CourseCriminal Law (LAW 5223)

1. Is a person’s character or character trait an essential element of a charge, claim or
defense (FRE 405

2. Assuming that this is a criminal case, is the item evidence of a pertinent trait of the
character of the accused, offered either (1) by the accused, or (2) by the prosecution
to rebut the same (i.e. to rebut (1)) [FRE 404(a)(2)(A)]

3. Is the item evidence of a pertinent trait of the character of the alleged victim
offered (1) by the D or (2) by the prosecution to rebut the D’s evidence concerning the
victims character [FRE 404(a)(2)]

4. Is the item evidence of other crimes, wrongs or acts, offered to prove the character of
a person in order to show accordance therewith? [FRE 404(b)]

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