Character Evidence

Question 1

FRE 404:
Character Evidence Not Admissible to Prove Conduct; Other Crimes Hearsay

Answer 1

Question 2

FRE 405: Methods of proving Character

Answer 2

405 Methods of Proving Character

     (a) Reputation or opinion. 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. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

   (b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct.

Question 3

A. Rules 404 and 405 Explored

Answer 3

Question 4

B. Rule 404(a) and (a)(1)- Where Character is Circumstantial Evidence of Conduct.

Answer 4

Question 5

C. Michelson v. United States (1948)

Answer 5

Question 6

D. Rule 405(b) Where Character is Directly in Issue.

Answer 6

Question 7

E. 404(b) Evidence of other Crimes, Wrongs or Acts to Show Motive, Intent, etc.

Answer 7