Exam 4: Direct and Circumstancial Evidence

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During plea negotiations, Smyth offered to plead guilty to one count of robbery in exchange for the prosecutor agreeing to drop the other two charges against him. The prosecutor refused the offer and set the case for trail. At trial, the prosecutor wants to introduce as evidence the defendant's offer to plead guilty to the robbery. Can the prosecutor introduce this evidence? Support your response.

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Under Federal Rule 405(a), proof of character may be made by testimony as to the reputation in the community at the time charges are filed against the defendant or by the witness's personal opinion.

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