Kentucky Jury Instruction - Character Evidence
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FAQ
Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.
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By its placement in Rule 404(a)(1), the amendment covers only proof of character by way of reputation or opinion. The amendment does not permit proof of the accused's character if the accused merely uses character evidence for a purpose other than to prove the alleged victim's propensity to act in a certain way.
Section 404(b)(2) permits the court to exclude evidence of a crime, wrong, or other act that is offered for a proper purpose (e.g., to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident) if the risk of unfair prejudice simply outweighs the probative value ...
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. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
The use of character evidence to prove conduct is subject to the limitations of Rule 404. The rule is generally consistent with the common law doctrine that character evidence is not admissible to prove that an individual acted in conformity with his character on a specific occasion.
Baldwin's Kentucky Revised Statutes AnnotatedKentucky Rules of Evidence. These rules govern proceedings in the courts of the Commonwealth of Kentucky, to the extent and with the exceptions stated in KRE 1101. The rules should be cited as ?KRE,? followed by the rule number to which the citation relates.
The primary reason for this rule against character evidence is that it can potentially confuse a jury. For example, it could distract the jury from the central issue of what exactly occurred in the current criminal allegations. Their duty is to determine whether a defendant committed the crime in question.