미국연방증거규칙상 성격증거의 취급

• 영문명: A Study on Treatment of Character Evidence in Federal Rules of Evidence
• 발행기관: 원광대학교 법학연구소
• 저자명: 김일룡(Kim, Il-Ryong)
• 간행물 정보: 『원광법학』제25권 제2호, 193~218쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

This study has investigated admissibility of Character Evidence in Federal Rules of Evidence in America. Generally speaking, Character Evidence is one of the circumstantial evidences, thus it proves secondary facts by which a principal fact, that is corpus delicti, may be rationally inferred. In Federal Rules of Evidence, evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion. Character Evidence is excluded because it gives factfinder the danger of unfair prejudice. But if the danger of unfair prejudice is outweighed by probative value of the character evidence, it is admissible. That admissible lists include; First, in a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution. Second, in a criminal case, and subject to the limitations imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor. Third, evidence of the character of a witness, as provided in Rules 607, 608, and 609. Fourth, other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. and Fifth, sexsual assault case and child molestation case. This detailed legislation is reasonable. Therefore, It would be desirable that our trial system adopt the principle of character evidence in Federal Rules of Evidence.

목차

Ⅰ. 서 론

Ⅱ. 성격증거의 의의와 지위

Ⅲ. 성격증거의 허용성

Ⅳ. 성범죄와 아동학대사건의 특칙

Ⅴ. 결 론

참고문헌

Abstract

키워드

미국연방증거규칙 성격증거 간접증거 관련성 허용성 추론 Federal Rules of Evidence Character Evidence secondary evidence relevancy admissibility inference