Character Evidence — Rule 404

• Jurisdiction: Colorado

Character Evidence — Rule 404

SUMMARY OF RULE 404

Character Evidence Not Admissible to Prove Conduct — Rule 404(a)

• Generally. Evidence of the character or trait of a witness is not admissible for the purpose of proving the witness acted in conformity, except for the purpose of exploring the veracity of the witness, as referenced in C.R.S. § 13-9-101 and CRE 607 and 608, and except:
• Character of Accused. The accused in a criminal case may introduce relevant evidence of his or her good character to infer that the accused acted in conformity with reference to a particular crime.
• Character of Alleged Victim. The accused or the prosecution may offer relevant evidence of the character of the victim of a crime.
• The character of the witness is admitted under CRE 607 and 608 and C.R.S. § 13-90-101.

Evidence of Other Crimes, Wrongs, or Acts — Rule 404(b)

• Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person to show the person acted in conformity; however, evidence of crimes, wrongs, or acts may be admissible for other purposes such as motive, opportunity, intent, plan, knowledge, identity, or absence of mistake or accident. The prosecution must provide advance notice of intended use.

LEGAL AUTHORITIES

• Character evidence is admissible in civil cases if it complies with other standards for admissibility. Knowles v. Board of Education, 857 P.2d 553 (Colo. App. 1993) (administrative hearing for dismissal of teacher).

• CRE 404(b) regarding evidence of other crimes, wrongs, or acts applies to civil cases, if relevant. Munson v. Boettcher & Co., 832 P.2d 967 (Colo. App. 1991). It is most frequently applied in criminal matters, and there is a four-part analysis to determine admissibility of evidence of other crimes.

• Determining whether evidence of prior acts is admissible involves a four-part analysis in which the court decides: (1) whether the evidence relates to a material fact of consequence to the determination; (2) whether the evidence is logically relevant, tending to make the existence of the material fact more probable or less probable than without the evidence; (3) whether...