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Unformatted text preview: character) o Here it's not character it's a very specific pattern of behavior that is recurring....seems to fall under 404(b). Wigmore's doctrine of chances....a person might mistakenly make an accusation once...but when they do it ten times, it is a fraud. Seems to go towards motive. So rules 404 and 608 don't apply here!! Not using character to prove conforming conduct Not using character to impeach witnesses' testimony Using character to show that the witness has a motive to lie ( A person might mistakenly make an accusation once..but when she does it ten times, it's likely a fraud) Remember this? Impeaching Witnesses: Reputation or Opinion Evidence of Character for Truthfulness - FRE 608(a)
FRE 608(a): Evidence of Character and Conduct of Witness a) Opinion and Reputation Evidence of Character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: 1. The evidence may refer only to character for truthfulness or untruthfulness 2. Evidence of truthful character is admissible...
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