Character Evidence --Incomplete

Front 1

Character Evidence--PROHIBITED USE (FRE 404(a)(1))

Back 1

(1) Evidence of person’s character is not admissible for purpose of showing person’s action in conformity
(a) Evidence → Trait of character → Bad act ---- NOT ADMISSIBLE

Front 2

EXCEPTIONS to the prohibition of Character evidence (FRE 404(a))

Back 2

(1) Character of D in a criminal case where (when D introduces, and if D does→ P can rebut.)
(2) Character of V in a criminal case (subject to 412)
(3) Character of a witness

Front 3

Exception: Character of Defendant in a criminal case (FRE 404(a)(2)(A))

Back 3

(1) D can offer evidence of his pertinent trait of his character
(a) Character must be relevant to case
(2) If evidence is admitted, he opens the door for prosecutor to rebut evidence.

Front 4

Character of Victim in a criminal case (FRE 404(a)(2)(B))

Back 4

(1) D may offer evidence of V’s pertinent trait (subject to FRE 412 limitations)
(2) Prosecutor may then offer evidence to rebut it, or offer evidence of D’s same trait.
(3) Perrin v. Anderson: Relevant evidence of V’s past altercations with police officers not admissible: character of V because they were specific acts.
(a) Admitted as habit evidence
(4) After D puts in evidence of the bad reputation of V, prosecution evidence of the bad reputation of D for the same character trait becomes admissible
(a) Even if D has not offered any evidence of his own good character.

Front 5

Character of a Witness (FRE 404(a)(3))

Back 5

(1) Evidence of witness’s character may be admitted to impeach the witness
(a) Per FRE 607, 608, and 609