Rule 404 and Character Evidence

Rule 404: Character Evidence

General Rule

  • Rule 404 generally prohibits the use of character evidence to prove that someone acted in accordance with that character.
  • Character evidence cannot be used to show that someone did something simply because they possess a particular characteristic or personality.

Example

  • It's inadmissible to argue that because someone stole previously, they must have stolen again.
  • A defendant should be convicted or acquitted based on their actions, not on perceived personality traits.
  • A court cannot convict someone solely based on the jury's perception of their criminal personality.

Hypothetical: Debi's Robbery Trial

  • Debi is on trial for allegedly robbing someone at knifepoint.
  • The prosecutor wants to introduce evidence that Debi previously stole money from a safe.
  • The prosecutor's argument is that Debi's past action demonstrates she's willing to commit crimes for money, making it more likely she committed the knifepoint robbery.
  • Under Rule 404, the evidence of Debi breaking into the safe is likely inadmissible.
  • The prosecutor is attempting to prove Debi committed the knifepoint robbery because it aligns with her character trait of committing crimes to obtain money.
  • Instead, the prosecutor must prove Debi committed the knifepoint robbery, not merely that she has a “criminal” personality.

Alternative Admissibility

  • There are circumstances where evidence of Debi breaking into the safe could be admissible
  • For example, to prove she knew how to access safes to hide the stolen money.

Summary of Rule 404

  • Rule 404 restricts the introduction of evidence related to a person's character or personality.
  • Evidence of character generally cannot be used to prove that someone acted in accordance with a particular character trait.
  • Evidence of someone’s characteristics based on past actions or reputation might be admissible for other purposes, aside from proving conduct in accordance with character.