You Can't Use Character Evidence To Prove Propensity

Question 1

FRE 404(a)(1)

Answer 1

You can’t use character evidence to prove propensity.

Period.

Question 2

FRE 404(a)(2)

Answer 2

EXCEPT “pertinent” traits in CRIMINAL cases, if the defendant wants to go there first.

Question 3

FRE 404(b)(2)

Answer 3

EXCEPT, if you can (with a straight face) claim you’re trying to prove pretty much ANYTHING BUT propensity with a past crime, wrong, or other act that bears upon character.

Question 4

FRE 405(b)

Answer 4

EXCEPT when character is an essential element of a charge, claim, or defense; then ANYTHING goes.

Question 5

FRE 608(a)(b)

Answer 5

EXCEPT if you’re attacking or supporting the character of a WITNESS for truthfulness.

Question 6

FRE 609

Answer 6

EXCEPT if you’re using a criminal conviction to attack a WITNESS’s character for truthfulness.

Question 7

FRE 406

Answer 7

EXCEPT if you can manage to call past behavior a “habit”.

Question 8

FRE 413-415

Answer 8

EXCEPT if it’s a sexual assault case.