Author Topic: Rule 404 - character evidence  (Read 97 times)

LetterRip

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Rule 404 - character evidence
« on: November 13, 2021, 03:07:14 PM »
Currently character evidence (including prior acts and convictions) is generally inadmissible by the prosecution under rule 404,

https://www.law.cornell.edu/rules/fre/rule_404

https://www2.law.temple.edu/aer/they-did-something-similar-before-prior-acts-character-and-self-defense/

Personally I think it should be more broadly admissible.

Interestingly it is not inadmissable in all states, for instance

Quote
The testimony – putting aside the concern over remoteness – is permissible in Pennsylvania.  The Commonwealth’s Evidence rules specifically allow proof of acts – whether there was a conviction, the act was charged criminally, or the incident was just alleged.  Why?  Pennsylvania Rule of Evidence 405(b)(2) specifically addresses this:

In a criminal case, when character or a character trait of an alleged victim is admissible under Pa.R.E. 404(a)(2)(B) the defendant may prove the character or character trait by specific instances of conduct.

But would it be allowed in federal trials?  The answer is “not as in the Pennsylvania prosecution, but maybe sometimes.”

https://www2.law.temple.edu/aer/they-did-something-similar-before-prior-acts-character-and-self-defense/
« Last Edit: November 13, 2021, 03:11:40 PM by LetterRip »