CHARACTER EVIDENCE
FRE 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
(a) Character evidence generally. 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 . . .
(b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible
toprove the character of a person in order to show action in conformity therewith. It may,
however, be admissible for other purposes, such as proof of motive, opportunity, intent,
preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon
request by the accused, the prosecution in a criminal case shall provide reasonable notice in
advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the
general nature of any such evidence it intends to introduce at trial.
No evidence of past acts solely to show the D's current character propensity towards a
criminal behavior b/c unfair to risk the jury locking him away for his other crimes
CHARACTER EVIDENCE IN SEX CRIME
FRE 413. Evidence of Similar Crimes in Sexual Assault Cases
(a) In a criminal case in which the
[1] defendant is accused of an offense of sexual assault, evidence of the defendant's
commission of
[2] another offense of sexual assault is admissible, and may be considered for its
bearing on ANY matter to which it is
[3] relevant (but 404(b) does not apply b/c "ANY")
(b) In a case in which the Government intends to offer evidence under this rule, the attorney for
the Government shall disclose the evidence to the defendant, including statements of witnesses or
a summary of the substance of any testimony that is expected to be offered, at least fifteen days
before the scheduled date of trial or at such later time as the court may allow for good cause.
(c) This rule shall not be construed to limit the admission or consideration of evidence under any
other rule.
FRE 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
(a) In a civil case in which a claim for damages or other relief is predicated on a party's alleged
commission of conduct constituting an offense of sexual assault or child molestation, evidence of
that party's commission of another offense or offenses of sexual assault or child molestation is
admissible and may be considered as provided in Rule 413 and Rule 414 of these rules.
CHARACTER EVIDENCE OF DEFENDANT OR VICTIM
FRE 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
(a) Character evidence generally. 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:
(1) Character of accused In a criminal case, evidence of a pertinent trait of 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
underFRE 404 (a)(2), evidence of the same trait of character of the accused offered by the
prosecution;
(2) Character of alleged victim In a criminal case, and subject to the limitations
imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of
the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a
character trait of peacefulness of the alleged victim offered by the prosecution in a
homicide case to rebut evidence that the alleged victim was the first aggressor;
(3) Character of witness Evidence of the character of a witness, as provided in rules
607, 608, and 609.
(b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible
toprove the character of a person in order to show action in conformity therewith. It may,
however, be admissible for other purposes, such as proof of motive, opportunity, intent,
preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon
request by the accused, the prosecution in a criminal case shall provide reasonable notice in
advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the
general nature of any such evidence it intends to introduce at trial.
FRE 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 crossexamination, 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.
EVIDENCE OF HABIT
RULE 406. Habit; Routine Practice
Evidence of the habit of a person or of the routine practice of an organization, whether
corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the
conduct of the person or organization on a particular occasion was in conformity with the habit or
routine practice.
Habit must be
[1] predictable and
[2] regular activity
Unconscious choice or something that a person does automatically is more likely to be allowed
as habit
