Character Evidence

Character evidence is evidence of a person's general character traits or propensities, generally inadmissible under FRE 404(a) to prove conduct on particular occasion, though exceptions exist in criminal cases.

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Exam Tip

MIMIC = Motive, Intent, Mistake, Identity, Common plan. These are NON-PROPENSITY purposes. Defendant opens door first.

What is Character Evidence?

FRE 404(a): Character evidence generally not admissible to prove person acted in conformity with character.

FRE 404(b): Other Acts

NOT admissible for propensity, BUT may be admissible for:

PurposeMnemonic: MIMIC
MotiveWhy acted
IntentMental state
Mistake (absence)Knew what doing
IdentitySignature crime
Common planRelated activity

Methods of Proof (FRE 405)

MethodWhen Allowed
Reputation/OpinionWhen character admissible
Specific InstancesOnly if essential element

Criminal Case Exceptions

Defendant may offer pertinent character trait first, then prosecution may rebut.

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