Evidence
Character Evidence
Definition
Character evidence relates to a person's general disposition or propensity to act in a certain way. Under FRE 404(a), evidence of a person's character is generally inadmissible to prove that they acted in conformity with that character on a particular occasion (the propensity rule). Exceptions exist in criminal cases: the accused may introduce pertinent character evidence, and the prosecution may rebut it. FRE 404(b) allows evidence of prior bad acts for non-character purposes — MIMIC (motive, intent, mistake/absence, identity, common plan).
Example
The prosecution cannot introduce evidence that the defendant was previously convicted of theft merely to show they are the type of person who steals. But it may be admissible to show a common scheme.