Problems

1
Problems 3C 4
2
Problem 3C
Do Problem 3C
3
Willys Baseball Bat Testimony
Forbidden Character Propensity Inference
Folks who hit others w/ bats are SML to be
violent people
People who are violent are SML to kill
1 yr ago, D hit O with BB bat
D is a violent person
D killed V
4
Suppose O V Were Brothers
Forbidden Character Propensity Inference?
No
Inference from Motive
Folks who dont like one brother are SML to not
like the other.
People who dislike a person are SML to kill that
person
1 yr ago, D hit O with BB bat
D does not like V
D killed V
What about 405s limits on specific act testimony?
5
Suppose D had hit V with Wrench
If 2 acts are done in the same unusual way, it is
SML that they were done by the same person.
Connecting Fact
V was killed by being hit with a wrench
Forbidden Character Propensity Inference?
No
Inference re method not character
1 yr ago, D hit O with wrench
D killed V
6
Problem 4
Do Problem 4
7
What Does Ted Need to Prove to Establish His
Defense of Truth?
Each piece of evidence must be offered to prove
one or more of these elements under a permissible
evidentiary hypothesis.
What does killer mean?
P is someone who has killed in the past?
P is a killing sort of guy?

• Polly has no conscience.
• Polly is a killer.
• Polly chopped off Victors head.
• Polly did so casually.

8
Polly Beheaded Melissa
I saw Polly chop off Melissas head.

• Polly has no conscience.
• Polly is a killer.
• Polly chopped off Victors head.
• Polly did so casually.

Walt
9
Polly Has No Conscience
Forbidden Character Propensity Inference?
No
What about 405?
Specific act OK since character element
One who beheads is SML to have no conscience
No Evidentiary Hypothesis Required
Polly beheaded Melissa
Polly has no conscience
Polly has no conscience
10
P is a Killer
Forbidden Character Propensity Inference?
No
What about 405?
Specific act OK since character element
One who beheads is SML to be a killer (KSG)
No Evidentiary Hypothesis Required
Polly beheaded Melissa
Polly is a (KSG)
Polly is a killer (KSG)
11
Inferring P Beheaded V
Forbidden Character Propensity Inference?
Yes. Barred by 404.
One who beheads is SML to be a violent person
Violent folks are SML to behead others
Polly beheaded Melissa
Polly beheaded Victor
Polly is a violent person
12
Another Possible Inference
If 2 acts are done in the same unusual way, it is
SML that they were done by the same person.
Connecting Fact
Victor was beheaded by someone.
Forbidden Character Propensity Inference?
No
Inference re method not character
Polly beheaded Melissa
Polly beheaded Victor
13
403 Balance for P chopped off Ms Head
Trial Time Confusion
P has no conscience (E1)
Lockm Up
P is a Killer (E2)
Propensity (E3)
Identity (E3)
Probative Value
Prejudicial Effects
14
P is a Killer (Meaning thatP has Killed in the
Past)
Forbidden Character Propensity Inference?
No. Inference about effect of physical act not
about character.
One who has beheaded has killed
Polly beheaded Melissa
Polly is a (has killed in the past)
15
Polly has no conscience
Polly has no conscience

• Polly has no conscience.
• Polly is a killer.
• Polly chopped off Victors head.
• Polly did so casually.

Walt
16
Inferring P Beheaded V
Forbidden Character Propensity Inference?
Yes Barred by 404
People who have no conscience are SML to behead
people
P has no conscience
P beheaded Victor
17
Inferring P has no conscience
Forbidden Character Propensity Inference?
No. OK under 404
What about 405?
OK 405 Permits Opinion Form
No Evidentiary Hypothesis Required
P has no conscience
P has no conscience
18
Inferring P is a killer
Forbidden Character Propensity Inference?
No. This is OK under 404.
Inference from BCT to another BCT -- not BCT to
conduct.
People who have no conscience are SML to also be
KSGs
P has no conscience
P is a Killer (KSG)
19
Inferring P is a killer
Forbidden Character Propensity Inference?
Yes. Barred by 404.
People who have no conscience are SML to kill.
P is a Killer (Killed in Past)
P has no conscience
20
403 Balance for P has no conscience
Trial Time Confusion
Lockm Up
P has no conscience (E1)
P killed V (E3)
P is a Killer (Killed in Past) E2
P is a killer (KSG) (E2)
Probative Value
Prejudicial Effects
21
How is Winstons Testimony Different?

• Reputation
• Is this OK under 405
• What about the inferences?
• No conscience?
• Killer (KSG)
• Killer (KIP)
• Beheaded Victor

22
Look at Waldos Wendys Testimony

• Waldos testimony is the converse of whose
  testimony?
• Wendys testimony is the converse of whose
  testimony?