Evidence:

4. Character Evidence

   1. The Basic Rule and Its Exceptions

      People v. Zackowitz

      Cleghorn v. New York Central & Hudson River R.R. Co.

      Berryhill v. Berryhill

      Walkon Carpet Corp. v. Klapprodt

      Advisory Committee Note to F.R.E. 404(a)

      McCormick on Evidence

      Problems

   2. Methods of Proving Character

      Michelson v. United States

      Advisory Committee Note to F.R.E. 405

      Advisory Committee Note to F.R.E. 803(21)

      Government of the Virgin Islands v. Roldan

      United States v. Krapp

      United States v. Setien

      McCormick on Evidence

      Problems

   3. Other Uses of Specific Conduct

      1. Permissible Purposes

         United States v. Beechum

         United States v. DeJohn

         Lewis v. United States

         United States v. Crocker

         United States v. Dossey

         United States v. Wright

         Advisory Committee Note to 1991 Amendment to F.R.E. 404

         Edward J. Imwinkelried, The Use of Evidence of an Accused's Uncharged Misconduct to Prove Mens Rea: The Doctrines Which Threaten to Engulf the Character Evidence Prohibition

         Andrew J. Morris, Federal Rule of Evidence 404(b): The Fictitious Ban on Character Reasoning from Other Crime Evidence

         Paul F. Rothstein, Intellectual Coherence in an Evidence Code

         Mirko Bagaric & Kumar Amarasekara, The Prejudice Against Similar Fact Evidence

      2. Requisite Proof

         Huddleston v. United States

         Problems

   4. Character and Habit

      Advisory Committee Note to F.R.E. 406

      Report of the House Judiciary Committee

      Loughan v. Firestone Tire & Rubber Co.

      Thomas M. Mengler, The Theory of Discretion in the Federal Rules of Evidence

   5. Sexual Assault and Child Molestation

      1. Character of the Victim

         John Henry Wigmore, A Treatise on the Anglo-American System of Evidence in Trials at Common Law

         Graham v. State

         Remarks of rep. Elizabeth Holtzman

         Advisory Committee Note to 1994 Amendments to Rule 412

         United States v. Saunders

         Olden v. Kentucky

      2. Character of the Defendant

         Remarks of Rep. Susan Molinari

         Report of the Judicial Conference of the United States on the Admission of Character Evidence in Certain Sexual Misconduct Cases

         Steven A. Saltzburg, Michael M. Martin & Daniel J. Capra, Federal Rules of Evidence Manual

         United States v. LeCompte

         James Joseph Duane, The New Federal Rules of Evidence on Prior Acts of Accused Sex Offenders: A Poorly Drafted Version of a Very Bad Idea

         Aviva Orenstein, No Bad Men!: A Feminist Analysis of Character Evidence in Rape Trials

         Roger C. Park, The Crime Bill of 1994 and the Law of Character Evidence: Congress Was Right About Consent Defense Cases

         United States v. Cunningham

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