Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.670 - Character Evidence; Crimes or Other Acts
Universal Citation: 95 IL Admin Code ยง 400.670
Current through Register Vol. 48, No. 12, March 22, 2024
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)
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