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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
Law
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Evidence
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Weight and sufficiency of evidence
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Burdens of proof and persuasion
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Burden of proof in criminal trial
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Prosecution has burden of proof
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Proof beyond reasonable doubt
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Presumptions and the reasonable doubt standard
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Relationship between presumptions and the reasonable doubt standard
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Burden on factual issue not arising under essential element of crime: Cross-reference
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vouch for authority for rule...
If a pattern of behavior of a natural person does not rise to the status of a habit, it may constitute a character trait and such non-habitual...United States v. Serrata, 425 F.3d 886, 906 (10th Cir. 2005) (upholding trial court's exclusion of evidence of inmate's history of resisting arrest where it was introduced to circumvent restrictions on character evidence by repackaging it as habit evidence
).
in support of
If a pattern of behavior of a natural person does not rise to the status of a habit, it may constitute a character trait and such non-habitual behavior may be barred by the prohibition against circumstantial character evidence.complete authority for rule...
Inferences on inferences are impermissibleCf. Doe v. Glanzer, 232 F.3d 1258, pin? (9th Cir. 2000) (civil action based on alleged child molestation; question arose of the relevance of evidence sought during a deposition; defendant invoked his privilege against self-incrimination and refused to answer question...
in support of
Inferences on inferences are impermissiblevouch for authority for rule...
Evidence of another crime, wrong, or act is not barred by the prohibition against circumstantial use of character if such other crime, wrong, or...Cf. United States v. Luna, 21 F.3d 874, 881-882 (9th Cir. 1994) (reversing convictions for bank robbery because the trial court erred in admitting such evidence for the purpose of showing identity considering (1) "the various differences among the crimes;" (2) "the generic quality of the elements...
in support of
Evidence of another crime, wrong, or act is not barred by the prohibition against circumstantial use of character if such other crime, wrong, or act is offered to prove identity.