Evidence Law (Part 2 of 7): Character Evidence

This episode dives deep into the complexities of character evidence in law, focusing on Federal Rules of Evidence 404 and 405. It explores the strategic considerations, exceptions, and the balance between fairness and truth in legal proceedings.

In the intricate world of evidence law, character evidence stands as one of the most challenging areas for law students and practitioners alike. This blog post delves into the nuances of character evidence, focusing on Federal Rules of Evidence (FRE) 404 and 405, and the strategic considerations involved.

Understanding the Basics: Character evidence generally refers to using a person's character or traits to prove they acted in a certain way on a specific occasion. Under FRE 404, such evidence is typically inadmissible due to the risk of unfair prejudice, confusion, and distraction from the main issues. The rule aims to prevent trials from devolving into character assassinations rather than focusing on the crime charged.

Exceptions to the Rule: Despite the general prohibition, there are exceptions where character evidence can be admitted. These include the defendant's right to introduce evidence of their own pertinent character trait (FRE 404A2A), evidence of the victim's character in certain cases (FRE 404A2B), and when character is an essential element of a claim or defense (FRE 405B).

Strategic Considerations: Introducing character evidence can be a double-edged sword. While it may bolster a defense, it also opens the door for the prosecution to introduce rebuttal evidence. Lawyers must carefully weigh the potential benefits against the risks of prejudice and distraction.

Character evidence remains a contentious and complex area of law, balancing the need for fairness with the pursuit of truth. As legal professionals navigate these waters, understanding the strategic implications and exceptions is crucial for effective advocacy.

Takeaways

Character evidence is generally inadmissible to prove conduct on a specific occasion.

FRE 404 prohibits character evidence due to risks of unfair prejudice and confusion.

Exceptions include the defendant's pertinent character trait and victim's character in certain cases.

Character evidence can open the door for rebuttal evidence from the prosecution.

FRE 405B allows character evidence when it's an essential element of a claim or defense.

Strategic use of character evidence requires careful consideration of potential risks.

The doctrine of chances is a debated non-propensity purpose under FRE 404B.

FRE 412, the rape shield law, protects victims' past sexual history from being used in court.

FRE 413, 414, and 415 allow prior similar acts in sex offense cases for propensity inference.

Understanding the framework of character evidence is crucial for legal practitioners.

Character evidence is generally inadmissible. FRE 404 prohibits character evidence. Exceptions include the defendant's character trait. Character evidence can open the door for rebuttal. FRE 405B allows character evidence as an essential element. Strategic use requires careful consideration. The doctrine of chances is debated. FRE 412 protects victims' past sexual history. FRE 413 allows prior similar acts for propensity. Understanding character evidence is crucial.

character evidence, Federal Rules of Evidence, FRE 404, FRE 405, legal strategy