During a trial for embezzlement, the prosecution wants to introduce evidence that the defendant has been convicted of theft in the past. Under the FRE, is this character evidence admissible to prove that the defendant committed the current embezzlement?
No, unless the defendant introduces evidence of an alternative theory.
Yes, because past theft convictions are relevant to the current charge.
Yes, provided the defendant does not present evidence of good character.
No, because character evidence is not used to prove specific conduct.
Under FRE 404(a), character evidence is not admissible to prove that a person acted in conformity with that character on a particular occasion. Therefore, the prosecution cannot use past theft convictions to demonstrate that the defendant committed the current embezzlement.
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What is FRE 404(a) and what does it state about character evidence?
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