Character evidence
Rule 404: Character evidence and crimes or other acts
Prohibited
Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait (404(a)(1))
Admissible
Exceptions for a defendant or victim in a criminal case: rebuttable evidence of pertinent traits (404(a)(2)
Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. (404(b)(1))
Using past crimes, wrongs, or other acts for another purpose besides propensity, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. (404(b)(2))
Rule 405: Methods of proving character
Used to prove an element of a crime such as: defamation, custody, entrapment, or negative entrustment
By reputation or opinion
On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.
By specific instances of conduct
When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion.
Rule 406: Habit and routine practice
Person's habit
Organization's routine
may be admitted to prove that on a particular occasion the person acted in accordance with the habit
may be admitted to prove that on a particular occasion the organization acted in accordance with the routine practice
Generally habits are content neutral, and only used to show specific acts (not propensity to do something)
Rule 608: A witness' character for truthfulness or untruthfulness
Reputation or opinion evidence
Specific instances of conduct
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.
Generally not admissible
but attorneys may cross-examine a witness for truthfulness
When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.