Character Evidence Flashcards
(3 cards)
General Rule
Character Evidence
Generally, character evidence is inadmissible to prove that someone acted in accordance with his character at the time the event occurred.
C
Civil Cases: Character Evidence
- Character evidence is only permitted when character is an essential element of the case. Character is an essential element in cases involving negligent entrustment or hiring, defemation, or child custody.
- Reputation, opinion, and specific acts can be used to prove character.
Criminal Cases: Character Evidence
Genrally, character evdience is inadmissible in the prosecutor’s case-in-chief to prove that the defendant acted in conformity with his own character. However, the defendant in a criminal case may introduce evidence of a pertinent (relevant) character trait to prove that he actede in conformity with his character at the time in question. He can do this by reputation or opinion. Then, the proescutor may rebut by using reputation, ipinion, or cross-examinnig the defendant’s witness by asking about specific acts.