Transcription of 6. CHARACTER EVIDENCE
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6. CHARACTER EVIDENCE
6. CHARACTER EVIDENCE . A. Introduction 1. Rule 404 makes CHARACTER EVIDENCE inadmissible in most circumstances, but admissible under several exceptions. 2. Definition a) CHARACTER is not defined in Rule 404, so we rely on customary usage. b) The definition is tricky, because most people associate CHARACTER with moral qualities. That is part of the definition, but not the whole. CHARACTER also includes non-moral characteristics, behavioral tendencies, and patterns of life, which would include things having nothing to do with morality like carefulness, shyness or fondness for cats. While CHARACTER EVIDENCE often concerns a person's moral qualities, it is not limited to moral behavior. CHARACTER is a pattern of any kind of behavior, whether it involves an issue of morality or not. c) The definition is also tricky because you have to distinguish "fixed behavior from a "tendency" to behave in certain ways.
Illustration. In an assault/self-defense case, the defense calls witnesses to testify that the victim had a reputation for violence, carrying guns, and starting fights. The prosecution can rebut with witnesses who say the victim was a peaceful man, but not that the defendant also had a reputation for violence, carrying guns and starting fights.
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