1. Criminal defendants
2. Crime Victims (not rape victims)
3. Evidence about witnesses for purposes of impeachment
4. Sexual Assault Cases/Child Molest
5. Character is an element of the crime/claim/defense
6. Prior Bad Acts
7. Habbit

1. D is allowed to offer evedince of a pertinent trait of his own character.
2. Prosecuter cannot be the first to introduce the evidence
3. If d enters evidence about the victim, p can introduce evidence of the same trait in d.  (think violent aggressor is a self defense murder/assault case)
4. Proof on direct must be reputation or opinion
5. On cross specific instances allowed

When is character evidence about the victim admissable?

1. can be offered by the accused
2. by the prosecution in rebuttal of the accused's evidence
3. Must be proved by reputation or opinion
4. may be rebutted by specific instances on cross
5. Rape reverses the usual rules ***

1. D generally cannot enter evidence about the complainants past sexual behavior or predispostion.
2. If it is to show another person was the source of the semen, injury, or other physical evidence.
3. If v has slept with d before and consent is an issue.
4. If it would violate the constitutional right to present a defense
5. ONLY IN CIVIL CASES if otherwise admissible and the probative value substantially outweighs the danger of harm to the victim.
6. Must serve notice at 14 days before the trial, cour conducts and incamera hearing on admissablility

Not a complete list but proving...

1. motive
2. opportunity
3. intent
4. preperation
5. plan
6. knowledge
7. identity
8. absence of mistake or accident (i didn't mean to slit his throat)
9. Modus Operandi

Evidence if particular behavior in a particular setting.

1. always leaving the seat up
2. always driving the same way to work
3. proven by specific instances

Not generally  esp. to prove negligence unless

1. for impeachment
2. feasibility in strict liability if d has denied it
3. to prove ownership/control

Not generally as long as :

1. they happened after the claim is advanced that the party has not conceded
2. offers of settlement for undisputed claims can be admitted
3. if the p is suing to enforce a settlement agreement
4. settlements w/ a third party are not admissable as to the validity of the claim
5. cannot be used for impeachment
   

Are admissable for:

1. Proving bias
2. Refuting claims of undue delay
   

Withdrawn pleas in or out?

In generally, but ask:

• did the prosecutor give the police authority to plea bargain or did they act like they had authority? Out
• was the miranda warning given? In
• d can introduce it then p can go to town