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Massachusetts Guide to Evidence 2025 Edition MA R EVID § 404

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Character Evidence.

(1)Prohibited Uses. Evidence of a person's character or a character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

(2)Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:

(A) a defendant may offer evidence, in reputation form only, of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

(B) where the identity of the first aggressor or the first to use deadly force is in dispute, a defendant may offer evidence of specific incidents of violence allegedly initiated by the victim, or by a third party acting in concert with or to assist the victim, whether known or unknown to the defendant, and the prosecution may rebut the same with specific incidents of violence by the defendant; and

(C) a defendant may offer evidence known to the defendant prior to the incident in question of the victim's reputation for violence, of specific instances of the victim's violent conduct, or of statements made by the victim that caused reasonable apprehension of violence on the part of the defendant.

(3)Exceptions for a Witness. Evidence of a witness's character for truthfulness or untruthfulness may be admitted under Sections 607, 608, and 609.

(b) Crimes, Wrongs, or Other Acts.

(1)Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.

(2)Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. However, evidence of other bad acts is inadmissible where its probative value is outweighed by the risk of unfair prejudice to the defendant, even if not substantially outweighed by that risk. Evidence of such an act is not admissible in a criminal case against a defendant who was prosecuted for that act and acquitted.

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Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 404 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-404/

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