Ill. Admin. Code tit. 95 § 400.670

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.670 - Character Evidence; Crimes or Other Acts

a) Character Evidence

1) Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity with that person's character on a particular occasion, except:

A) Character of the Accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut that evidence;

B) Subject to the Limitations Imposed by Section 115-7 of the Code of Illinois Criminal Procedure:

i) evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut that allegation; or

ii) evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide or battery case to rebut evidence that the alleged victim was the first aggressor.

C) Evidence of the character of a witness, as provided in Section 400.705(g), (h) and (i).

2) Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity with that character, except as provided by Sections 115-7.3, 115-7.4 and 115-20 of the Code of Criminal Procedure. The evidence may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident.

3) When the prosecution intends to offer evidence under subsection (a)(2), it must disclose the evidence, including statements of witnesses or a summary of the substance of any testimony, at a reasonable time in advance of trial or during trial if the military judge excuses pretrial notice on good cause shown. (Il. Mil. R. Evidence 404)

b) Admissible Methods of Proving Character

1) Definitions. For purposes of this subsection (b), the following definitions apply.

A) "Community", in the SMF, means post, camp, base, ship, station, unit or other military organization, regardless of size.

B) "Reputation" means the estimation in which a person generally is held in the community in which the person lives or pursues a business or profession. (Il. Mil. R. Evid. 405)

2) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.

3) In cases in which character or a trait of character of a person is an essential element of the charge, claim or defense, proof may also be made of specific instances of that person's conduct.

4) In criminal homicide or battery cases, when the accused raises the theory of self-defense and there is conflicting evidence as to whether the alleged victim was the aggressor, proof may also be made of specific instances of the alleged victim's prior conduct.

5) The defense may introduce affidavits or other written statements of persons other than the accused concerning the character of the accused. If the defense introduces affidavits or other written statements under this subsection (b)(5), the prosecution may, in rebuttal, also introduce affidavits or other written statements regarding the character of the accused. Evidence of this type may be introduced by the defense or prosecution only if, aside from being contained in an affidavit or other written statement, it would otherwise be admissible under this Subpart. (Il. Mil. R. Evid. 405)

Ill. Admin. Code tit. 95, § 400.670

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.