Character may be a substantive issue in defamation suits, in lawsuits alleging negligent hiring or negligent entrustment, in child custody cases, as well as in loss of consortium cases; character evidence is thus admissible to prove the substantive issues that arise in these types of lawsuits.
"[4] FRE 404, in addition to dictating character evidence's permissible use in federal courts, also bars the prosecution's admission of "crimes, wrongs, or other acts"[5] to prove the character of a person in order to show action in conformity therewith (propensity).
Evidence of other crimes, wrongs or acts is available for "non-character purposes," such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Affluent defendants can call as character witnesses celebrities, athletes, and prominent members of the community.
In contrast, it would be neither advisable nor beneficial to a defendant to call to the stand a disreputable fellow inmate as a character witness.