Chapter 27 - Using Character Evidence to Prove Propensity

Question 1

Policy Argument for RULE 404(a)(1) barring evidence that a person had a propensity to act.

Answer 1

1. Liability is based on specific acts, not general character.
   a) unfairly prejudice
   b) Both the civil and criminal justice systems provide to hold Ds responsible ONLY for their actions on a particular occasion, NOT for an evil character or a history of bad acts thus allowing propensity based arguments would run a serious risk of compromising this fundamental principal of justice.

Question 2

This RULE declares that parties may NOT use character evidence to prove that, b/c a person had a propensity to act in a certain way, the person was MORE LIKELY to have acted in that way on a particular occasion.

Answer 2

RULE 404(a)(1)

Question 3

The key element to applying RULE 404(a)(1) is?

Answer 3

Identifying the PURPOSE for which a party is offering evidence.

Question 4

RULE 404(a)(1) bars evidence of both ____ & ____ character IF that evidence is offered to prove that a person acted consistently with their character on a particular occasion.

Answer 4

Good & Bad Character.

Question 5

RULE 404(a)(1) applies to who?

Answer 5

ANY Person. It even applies to people who never appear in the courtroom, nonparties, & nonwitnesses.

Question 6

When character itself is an element of a claim or defense, does RULE 404(a)(1) apply?

Answer 6

NO, parties may prove character.

Question 7

Name 2 RULES that are exceptions to RULE 404(a)(1).

Answer 7

1. RULE 608 & 609: allows parties to prove a WITNESS’s character for truthfulness or untruthfulness.

Question 8

RULE 404(a)(1) ONLY bars character evidence when?

Answer 8

When it is offered to prove PARTICULAR conduct through PROPENSITY reasoning.