KRE 404

Question 1

What is the title of KRE 404?

Answer 1

KRE 404 Character evidence and evidence of other crimes

Question 2

What does KRE 404(a) cover?

Answer 2

Character evidence generally.

Question 3

What is the general rule of KRE 404(a)?

Answer 3

Evidence of a person’s character or a trait of character is not admissible for the purpose of
proving action in conformity therewith on a particular occasion, except…

Question 4

What are the 3 exception headings to KRE 404(a)?

Answer 4

Character of accused, Character of victim generally, Character of witnesses

Question 5

When is evidence of the character of the accused admissible?

Answer 5

• Evidence of a pertinent trait of character or of general moral
  character offered by an accused, or
• by the prosecution to rebut the same, or
  *if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution;

Question 6

When is evidence of the character of a victim admissible?

Answer 6

*Evidence of a pertinent trait of character of the victim of the crime offered by an accused, other than in a prosecution for criminal sexual conduct,
or
*by the prosecution to rebut the same, or
evidence of a character trait of peacefulness
of the victim offered by the prosecution in a homicide case to rebut evidence that the
victim was the first aggressor;

Question 7

What about the character of witnesses?

Answer 7

Evidence of the character of witnesses is covered in KRE 607,
KRE 608, and KRE 609.

Question 8

When is evidence of other crimes, wrongs, or acts NOT admissible under KRE 404(b)?

Answer 8

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in
order to show action in conformity therewith.

Question 9

When is evidence of other crimes, wrongs , or act admissible under KRE 404(b)(1)?

Answer 9

If offered for some other purpose, such as proof of motive, opportunity, intent, preparation,
plan, knowledge, identity, or absence of mistake or accident;

Question 10

When is evidence of other crimes, wrongs, or acts admissible under KRE 404(b)(2)?

Answer 10

If so inextricably intertwined with other evidence essential to the case that separation of the two (2) could not be accomplished without serious adverse effect on the offering party.

Question 11

What is the notice requirement under KRE 404(c)?

Answer 11

In a criminal case, if the prosecution intends to introduce evidence pursuant to subdivision (b) of this rule as a part of its case in chief, it shall give reasonable pretrial notice to the defendant of its intention to offer such evidence.

Question 12

What is the remedy for the failure to give notice under KRE 404(c)?

Answer 12

. Upon failure of the prosecution to give such notice the court
may exclude the evidence offered under subdivision (b) or for good cause shown may excuse the
failure to give such notice and grant the defendant a continuance or such other remedy as is
necessary to avoid unfair prejudice caused by such failure