Character Evidence

Question 1

What is the general rule of FRE 404?

Answer 1

FRE 404(a)(1) states that “Evidence of a person’s character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait” except as provided in the limited circumstances it sets forth.

Question 2

404(a)(2) contains two exceptions for WHEN evidence may be introduced regarding the character of a defendant or victim in a criminal case:

Answer 2

404(a)(2)(A): Defendant may offer evidence of the defendant’s pertinent character trait (and prosecutor may rebut)

404(a)(2)(B): Defendant may offer evidence of victim’s pertinent trait (and prosecutor may rebut, including with evidence of the same trait in the victim)

Question 3

When does 404(b) allow evidence of a crime, wrongdoing, or other specific act?

Answer 3

404(b)(1) prohibits the use of evidence of a crime to show that on a particular occasion the person acted in accordance with that behavior.

404(b)(2) allows such evidence to be introduced for another purpose such as proving Motive, Opportunity, Intent, absence of Mistake, lack of accident, preparation, knowledge.

Question 4

Rule 607

Answer 4

Anyone may impeach a witness

Question 5

Rule 608

Answer 5

A witness’ character for truthfulness or untruthfulness

Question 6

608(a) Rule for impeaching the credibility of a witness through reputation or opinion evidence

Answer 6

Under 608(a) a witness’s credibility may be attacked by testimony about the witness’s reputation, or by opinion evidence.

Evidence of truthful character is only admissible after a witness’s credibility has been attacked.

Question 7

608(b) Rule for impeaching a the credibility of a witness through specific instances of conduct

Answer 7

Under 608(b) The court may allow, on cross examination specific instances of conduct to be inquired into if they are probative of the character for truthfulness or untruthfulness of the witness or another witness

Extrinsic evidence of specific instances is not admissible EXCEPT for criminal convictions under Rule 609

Question 8

Rule 609

Answer 8

Impeachment of a witness by evidence of specific conduct

Question 9

609(a)(1) General Rule regarding evidence of a witness’s criminal conviction

Answer 9

For a crime that was punishable by death or more than one year of imprisonment evidence of a criminal conviction must be admitted if:

(A) subject to a 403 balancing test in both civil and criminal cases where the witness is not the defendant

(B) if the witness IS the defendant in a criminal case only if the probative value of the evidence outweighs its prejudicial effect to the defendant

(2) for any crime regardless of punishment where the court can determine that the crime was one of a dishonest act or false statement

Question 10

609(b) Time Limit

Answer 10

If more than 10 years have passed since the conviction or release (whichever is later) evidence is admissible only if

(1) its probative value substantially outweighs its prejudical effect
(2) the proponent gives the adverse party reasonable written notice of its intent to use it

Question 11

609(c) effect of a pardon, annulment

Answer 11

Evidence of a conviction is not admissible if subject to a pardon, annulment, or certificate of rehabilitation, and no subsequent crimes.

Question 12

609(d) Juvenile Adjudications

Answer 12

Evidence of a juvenile adjudication is admissible ONLY if

(1) offered in a criminal case
(2) adjudication was of a witness other than defendant
(3) adult’s conviction for same offense would be admissible
(4) admission is fairly necessary to determine guilt or innocence