Just as character evidence is generally not permitted, evidence of a “crime, wrong, or other act is not admissible to prove a person`s morality, to show that the person acted in accordance with personality on a particular occasion.” [8] However, Rule 404(b)(2) provides exceptions where evidence is presented for purposes other than proof of character. The rule provides for nine unauthorized uses for the introduction of previous crimes or wrongdoings: motive, expediency, intent, preparation, plan, knowledge, identity, absence of errors, and absence of accidents. If the prosecutor wishes to present evidence of prior acts for one of the authorized purposes, he or she may be asked to adequately inform the defence that he or she intends to do so. [9] The court may also require it to describe the general nature of the evidence of the past offence and justify the reasons for admitting it. [10] “Reputation” is the attitude or point of view of the community at large towards a person. In order for a witness to testify about the reputation of another, several criteria must be met. First, the witness must explain the basis of his or her testimony. [21] In other words, it must explain how it knows the individual`s reputation and explain the connection to the community concerned. [22] For example, in United States v.
Oliver, the Court found that a person`s roommates are appropriate sources of a person`s reputation on a university campus. [23] The roommates knew about the college community because they lived on campus. They also knew the reputation of the victim through these interactions. [24] Second, the statement of reputation must relate to a period coinciding with the events at issue in the dispute. [25] There are three categories of cases in which a person`s character and conduct in society may be used as evidence before a jury, each based on particular and different reasons. This evidence is admissible: Currently, Federal Rule of Evidence 404 prohibits the admission of character evidence in federal court unless a criminal defendant proves his or her relevant characteristic, a defendant proves the relevant characteristic of an alleged victim, or prosecutors provide evidence of the alleged victim`s peacefulness. rebut evidence that the victim was the first perpetrator. That is, the Federal Rules of Evidence largely follow the common law rule.
The Committee`s comments on article 404 justify the rule as follows: “Evidence of character has little probative value and can be very prejudicial. This tends to divert the attention of the Court of Facts from the main question of what actually happened on that occasion. It subtly allows the trier of fact to reward the good man for punishing the bad man because of his respective character, regardless of what the evidence in the case actually happened. “In some cases, evidence which diminishes its character is admissible, not to prove or refute the commission of a particular fact, but to obtain damages. In actions for criminal conversations with the plaintiff`s wife, proof may be made of the wife`s generally evil character for lack of chastity and even of certain acts of adultery committed prior to her sexual intercourse with the defendant. In defamation and defamation actions, if the defendant did not justify it, proof of the plaintiff`s bad character was also admitted. The reason for admitting such evidence is that a person of vilified reputation is not entitled to the same level of compensation as a person whose character is impeccable. However, if the defendant justifies defamation, it seems doubtful whether evidence can be obtained for reports on the plaintiff`s conduct and morals. When admitting evidence relating to the general nature of a party, it is obvious that it must be limited to the facts relating to the nature of the charges against it. Evidence presented in a trial concerning the truthfulness and honesty of a witness or party is called character proof.3 min spent reading The party against whom a witness is summoned may refute the fact that he or she has stated or heard other witnesses as to its general character; But they will not be allowed to talk about certain facts or parts of his behavior.
For example, evidence of the general nature of a rape prosecutor`s office may be presented, for example that she was a street walker; However, evidence of specific crimes cannot be admitted.