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The Title 28 of the United States Code QUESTION #3736
Question 1
In a criminal trial for assault, the prosecution wants to introduce evidence that the defendant has a reputation in the community for being a 'violent bully.' The defendant has not yet testified or introduced any evidence of his own character. Is this evidence admissible?
  • Yes, to show that the defendant likely committed the assault.
  • No, because the prosecution cannot introduce negative character evidence to show propensity until the defendant 'opens the door.'✔️
  • Yes, but only as 'habit' evidence.
  • No, unless it is a bench trial.
Correct Answer Explanation
Under Federal Rule of Evidence 404(a), character evidence is generally inadmissible to prove that on a particular occasion the person acted in accordance with the character (propensity), unless the defendant first introduces evidence of their own good character.