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130 Mil. L. Rev. 171 (1990)
Military Rule of Evidence 404 and Good Military Character

handle is hein.journals/milrv130 and id is 177 raw text is: MILITARY RULE OF EVIDENCE 404 AND GOOD MILITARY CHARACTER by Lieutenant Colonel Paul A. Capofari* The subject seems to gather mist which discussion serves only to thicken, and which we can scarcely hope to dissipate by anything further we can add. Rule 404. Character evidence not admissible to prove conduct; ex- ceptions; other crimes (a) Character evidence generally. Evidence of a person's character or a trait of a person's character is not admissible for the purpose of proving that the person acted in conformity therewith on a par- ticular occasion, except: (1) Character of the accused. Evidence of a pertinent trait of the character of the accused offered by an accused, or by the prosecu- tion to rebut the same; .... 2 I. INTRODUCTION Accused soldiers often use evidence of their good character as part of their defense. The soldiers believe such evidence will impress the military judge and court members. The evidence of good military character is intended to provide the basis for an inference that the accused is too professional a soldier to have committed the charged offense. This article will examine the admissibility of general good military character. It will show that prior to the adoption of the Military Rules of Evidence, general good military character evidence was always *Judge Advocate General's Corps. Currently assigned as an Assistant Professor of Law, United States Military Academy. Formerly assigned as Chief, Regulatory Law Team, Criminal Law Division, Office of The Judge Advocate General, 1987-1990; Stu- dent, Armed Forces Staff College, 1986-1987; Instructor, Criminal Law Division, The Judge Advocate General's School, 1984-1986; Trial Defense Counsel, Fort Jackson, 1980-1983. B.S., United States Military Academy, 1972; J.D., New York Law School, 1980; Judge Advocate Officer Graduate Class, 1983. Member of the bar of the State of New York. 'Nash v. United States, 54 F.2d 1006, 1007 (2d Cir. 1932) (Judge Learned Hand describ- ing character evidence). This quote was also the introduction to Boiler, Proof of the Defendant's Character, 64 Mil. L. Rev. 37 (1974). Lieutenant Colonel Boller's article is an excellent explanation of the pre-rules treatment of character evidence. 2Manual for Courts-Martial, United States, 1984, Mil. R. Evid. 404(aXl) [hereinafter MCM, 1984, and Mil. R. Evid. 404(a)(l)I.

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