Under FRE 404, what is prohibited when using character evidence to prove conduct?

Under FRE 404, what is prohibited when using character evidence to prove conduct?

• A. Prohibiting using a character trait to prove conduct in conformity with that trait to show propensity.
• B. Allowing evidence of a character trait to prove honesty.
• C. Permitting evidence of prior bad acts to show liability.
• D. Allowing evidence that is irrelevant to any issue.

Answer: (A)

The rule aims to prevent propensity inferences: you cannot use evidence of a person’s character to prove that they acted in conformity with that character on a specific occasion. In other words, showing someone is honest, kind, or aggressive isn’t allowed to prove they behaved that way in the case at hand, just because of their character. That makes the statement capturing the prohibition the best one: using a character trait to prove conduct in conformity with that trait to show propensity is not allowed. There are other kinds of character or other evidentiary rules that address different issues (for example, credibility of a witness or using prior acts for other purposes), but the core restriction under FRE 404 is exactly this prohibition on proving conduct by reference to character.

The rule aims to prevent propensity inferences: you cannot use evidence of a person’s character to prove that they acted in conformity with that character on a specific occasion. In other words, showing someone is honest, kind, or aggressive isn’t allowed to prove they behaved that way in the case at hand, just because of their character.

That makes the statement capturing the prohibition the best one: using a character trait to prove conduct in conformity with that trait to show propensity is not allowed. There are other kinds of character or other evidentiary rules that address different issues (for example, credibility of a witness or using prior acts for other purposes), but the core restriction under FRE 404 is exactly this prohibition on proving conduct by reference to character.