1. Problems 3C & 4

2. Problem 3C Do Problem 3C

3. Willy’s Baseball Bat Testimony Folks who hit others w/ bats are SML to be violent people 1 yr ago, D hit O with BB bat D killed V People who are violent are SML to kill Forbidden Character Propensity Inference Can’t Use Specific Acts Under 405 D is a violent person

4. Suppose O & V Were Brothers Folks who don’t like one brother are SML to not like the other. 1 yr ago, D hit O with BB bat D killed V People who dislike a person are SML to kill that person Forbidden Character Propensity Inference? What about 405’s limits on specific act testimony? D does not like V No Inference from Motive 405 doesn’t apply because this isn’t character evidence

5. Connecting Fact V was killed by being hit with a wrench 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. 1 yr ago, D hit O with wrench D killed V Forbidden Character Propensity Inference? No Inference re method not character

6. Problem 4 Do Problem 4

7. What Does Ted Need to Prove to Establish His Defense of Truth? Polly has no conscience. Polly is a killer. Polly chopped off Victor’s head. Polly did so casually. 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”?

8. I saw Polly chop off Melissa’s head. Walt Polly Beheaded Melissa Polly has no conscience. Polly is a killer. Polly chopped off Victor’s head. Polly did so casually.

9. Polly Has No Conscience Polly beheaded Melissa Polly has no conscience Forbidden Character Propensity Inference? No Evidentiary Hypothesis Required One who beheads is SML to have no conscience NoWhat about 405? Specific act OK since character = element Specific Act? Opinion? Reputation?

10. P is a Killer Polly beheaded Melissa Polly is a (KSG) Polly is a killer (KSG) Forbidden Character Propensity Inference? No Evidentiary Hypothesis Required One who beheads is SML to be a killer (KSG) NoWhat about 405? Specific act OK since character = element

11. Inferring P Beheaded V Polly beheaded Melissa Polly beheaded Victor Polly is a violent person Forbidden Character Propensity Inference? Violent folks are SML to behead others One who beheads is SML to be a violent person Yes. Barred by 404.

12. Connecting Fact Victor was beheaded by someone. Another Possible Inference If 2 acts are done in the same unusual way, it is SML that they were done by the same person. Polly beheaded Melissa Polly beheaded Victor Forbidden Character Propensity Inference? No Inference re method not character

13. Identity (E#3) 403 Balance for “P chopped off M’s Head” Probative Value P is a Killer (E#2) P has no conscience (E#1) Prejudicial Effects Propensity (E#3) Lock’m Up Trial Time & Confusion

14. P is a Killer (Meaning that P has Killed in the Past) Polly beheaded Melissa Polly is a (has killed in the past) Forbidden Character Propensity Inference? One who has beheaded has killed No. Inference about effect of physical act not about character.

15. Polly has no conscience Walt Polly has no conscience Polly has no conscience. Polly is a killer. Polly chopped off Victor’s head. Polly did so casually. Specific Act? Opinion? Reputation?

16. Inferring P Beheaded V P has no conscience P beheaded Victor People who have no conscience are SML to behead people Forbidden Character Propensity Inference? Yes: Barred by 404

17. Inferring P has no conscience P has no conscience No Evidentiary Hypothesis Required Forbidden Character Propensity Inference? No. OK under 404What about 405? OK 405 Permits Opinion Form

18. Inferring P is a killer P has no conscience P is a Killer (KSG) People who have no conscience are SML to also be KSGs Forbidden Character Propensity Inference? No. This is OK under 404. Inference from BCT to another BCT -- not BCT to conduct.

19. Inferring P is a killer P has no conscience P is a Killer (Killed in Past) People who have no conscience are SML to kill. Forbidden Character Propensity Inference? Yes. Barred by 404.

20. 403 Balance for “P has no conscience” Probative Value P is a killer (KSG) (E#2) P has no conscience (E#1) Prejudicial Effects P killed V (E#3) Lock’m Up Trial Time & Confusion P is a Killer (Killed in Past) E#2

21. How is Winston’s Testimony Different? Reputation –Is this OK under 405 What about the inferences? –No conscience? –Killer (KSG) –Killer (KIP) –Beheaded Victor

22. Look at Waldo’s & Wendy’s Testimony Waldo’s testimony is the converse of whose testimony? Wendy’s testimony is the converse of whose testimony?