Rule 404 bars character evidence offered to show action in conformity. Exceptions permit character evidence where character is an essential element and for witness credibility under Rules 607 through 609.
Other acts may be admissible for non-propensity purposes.
Alternative Names:
Character Proof|Propensity Evidence
Why it Matters?
Rule 404(b) permits other acts evidence for purposes including motive, opportunity, intent, preparation, plan, knowledge, identity, and absence of mistake, which is the route by which damaging conduct evidence enters despite the propensity bar. Demanding that the proponent articulate the specific non-propensity purpose, and requesting a limiting instruction confining the jury to it, is the effective response.
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Frequently asked questions
How does damaging conduct evidence enter?
What is the effective response?
