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:
| Purpose | Mnemonic: MIMIC |
|---|---|
| Motive | Why acted |
| Intent | Mental state |
| Mistake (absence) | Knew what doing |
| Identity | Signature crime |
| Common plan | Related activity |
Methods of Proof (FRE 405)
| Method | When Allowed |
|---|---|
| Reputation/Opinion | When character admissible |
| Specific Instances | Only if essential element |
Criminal Case Exceptions
Defendant may offer pertinent character trait first, then prosecution may rebut.