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character evidence (Evidence of specific act/conduct (must be relevant to…

- - - - but, what if it does both?
        
        Rule 404
        
        prohibits the use of this kind of evidence for arguing propensity
        
        allows the use of this kind of evidence for proving material /consequential facts
        
        there is a gray area, where juries may infer a propensity argument; this is a work-around for many attorneys, who attempt to have evidence admitted which signals propensity to the jury as it is used in a relevant factual determination
        
        In deciding whether the unfair prejudice of the inference substantially outweights the probative value of the permissible purpose, the trial judge will turn to the balancing test of Rule 403
        
        the 403 balancing test is used whenever evidence has at least one permissible purpose (demonstrating knowledge, intent, motive, etc) and at least one inadmissible purpose (propensity).
- - - - (a) Reputation of Opinion Evidence
        
        A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
      - (b) Specific Instances of Conduct.
        
        Except for criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
        
        (1) the witness or
        
        (2) another witness whose character the witness being cross-examined has testified about. By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness's character
    - - Generally, for the purposes of attacking the credibility of a witness, evidence of a prior conviction may be relevant and be admitted, with some controls
        
        if the crime was punishable by death, dishonorable discharge, imprisonment for more than one year
        
        evidence of this prior conviction is subject to Rule 403 in a civil case or a criminal case in which the witness is NOT the defendant
        
        For any crime, regardless of punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.