Introduction to Rule 404 of the Federal Rules of Evidence

Overview

• Rule 404 prohibits using character evidence to show propensity.
• 404(a): Character or character trait evidence is not admissible to prove action in accordance with it on a particular occasion.
• Character examples: "Chief is violent," "Sally is a drunk," "John is law-abiding."

Character Evidence and Propensity

• Rule 404 prevents using character evidence to suggest someone acted similarly in a specific instance.
• Prohibits using specific crimes, wrongs, or acts to show character for propensity purposes.

Permissible Uses under 404(b)

• 404(b): Prior acts can be admissible for other purposes, not to show propensity.
• Examples of other purposes:
  • Motive
  • Opportunity
  • Intent
  • Preparation
  • Plan
• Prosecutors must provide notice of intent to use other acts.

Prohibited Uses and Hidden Propensity

• Evidence of other acts not admissible for showing character or action conformity.
• Hidden propensity: Admitting evidence for another purpose but implying character conformity.

Application in Criminal and Civil Cases

• Rule 404 applies to both criminal and civil cases, regardless of whose character is in question.
• Rule 403 may exclude evidence if the probative value is outweighed by the risk of unfair prejudice.

Avoiding the "Propensity Box"

• Find another admissible purpose for evidence beyond character.
• Evaluate probative value versus prejudice risk under Rule 403.

Examples of Admissible Evidence

Proof of Knowledge

• Prior knowledge of how to perform an illegal act is admissible (e.g., hacking knowledge).

Proof of Motive

• Evidence of an outstanding warrant as motive for an act.
• Affairs may be considered for motive but not for bad character proof.

Proof of Identity

• Evidence linking a weapon to a crime can show identity.
• Must demonstrate a close connection between acts to avoid propensity claims.

Res Gestae

• Evidence to provide context or explain other facts (e.g., prior threats).

Absence of Accident

• Prior similar "accidents" can argue against true accidental events.

Doctrine of Chances

• Unlikely repeated events imply design, not chance.

Conditional Relevance and Preliminary Questions

• Huddleston Standard: Jury must find by a preponderance of evidence that a prior act occurred.
• Rule 104: Court addresses admissibility and conditional relevance issues separately from the jury.