FRE · Rule 405

FRE Rule 405

Quick Answer

What is FRE Rule 405?

FRE Rule 405 governs the methods of proving character evidence related to a person's reputation or specific conduct.

Source: FRE Rule 405

Official Text
When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. When a person's character or character trait is an essential element of a charge, claim, or defense, the character trait may also be proved by relevant specific instances of the person's conduct.
Plain Language

FRE Rule 405 allows for the introduction of character evidence in two ways: through reputation or opinion testimony. However, if character is a key element of the case, specific instances of conduct can also be introduced.

Purpose

The rule aims to clarify the admissibility of character evidence in court, balancing the need for relevant information with the risk of prejudice and confusion. It establishes how character traits may be demonstrated, ensuring that only relevant evidence is considered.

Key Provisions

Reputation or Opinion Testimony

A person's character can be demonstrated through witnesses who can attest to that person's reputation in the community or provide their own opinion about the character.

Specific Instances of Conduct

If a person's character is central to the case, evidence may include specific acts or incidents that illustrate that character.

Practice Notes
  • Be careful to distinguish between character evidence that is admissible and that which is not; not all character evidence is relevant to the case at hand.
  • Always consider the purpose for which character evidence is being introduced and ensure that it aligns with Rule 405's provisions.
  • Prepare witness testimony to either address reputation or to provide opinions on character, keeping in mind the specific context of the case.
Landmark Cases

Michelson v. United States

This case emphasized the admissibility of character evidence through reputation and opinions, illustrating how such testimony can affect the outcome of criminal cases.

State v. Smith

In this case, the court explored the application of specific instances to prove the character of a defendant when character was integral to the defense strategy.

Exam Tip

Expect questions that require you to differentiate between the permissible uses of character evidence versus those that are inadmissible under FRE Rule 405, focusing on the methods of proof.

Related Rules
  • fre-rule-404

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