Character Evidence Study Outline

Character evidence refers to evidence that is primarily concerned with the disposition or character of a person. It is governed by Rules 404 and 405 of the Federal Rules of Evidence (FRE). Generally, character evidence is not admissible to prove that a person acted in accordance with their character on a particular occasion. However, there are several exceptions to this general rule. Rule 404(a) allows character evidence to be admitted in certain contexts, notably in criminal cases where the accused can introduce evidence of their good character to support a claim of innocence. The purpose of prohibiting character evidence is to avoid misleading the jury and to ensure that judgments are based on relevant facts rather than a person's character, which could contribute to undue prejudice.

Under Rule 405, character can be proved by reputation or opinion. Specifically, reputation evidence relies on the community's view of a person's character, while opinion evidence involves a witness expressing their personal belief regarding a person's character traits. When character is an essential element of a charge, claim, or defense, specific instances of conduct may be admissible to establish that character (Rule 405(b)). Importantly, the types of character evidence utilized must align with the applicable legal standards, particularly if it is being invoked in a criminal or civil context. The nuances of admissibility significantly impact trials, as they affect how attorneys present their cases and what evidence can be considered by juries.

There are notable exceptions to the general prohibition of character evidence. In criminal cases, a defendant may introduce character evidence to support their argument of having a particular character trait that is inconsistent with the crime charged (e.g., non-violent character in a homicide case). Conversely, victims' character evidence can also be introduced under certain circumstances, particularly to show prior violent behavior in self-defense claims (Rule 404(a)(2)). Additionally, evidence of prior bad acts may be admissible under Rule 404(b) for purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Understanding these exceptions is critical for practitioners, as the strategic use or challenge of character evidence can significantly influence the outcomes of trials.