Intro to the Federal Rules of Evidence - 8

3. Exceptional Character Evidence in Civil Cases

a. Character in issue
i) Meaning
Character is an element of a cause of action or defense.
ii) Method
It can be proved by reputation, opinion, or specific instances of conduct.


4. Exceptional Character Evidence in Criminal Cases

a. Rationale
To provide the accused with more chance to defend himself.

b. Good character of an accused (FRE 404 (a)(1))
i) Methods
The accused’s offer of evidence of his good character thru reputation, opinion.
On the prosecutor’s X-X : specific acts to test the W’s qualifications to testify on character.
ii) Pertinent character
General character of law-abiding.
Specific character related to a current action: peaceful character in crimes of violence; honest character for theft; truthful character for perjury, etc.
iii) The prosecutor’s rebuttal
The accused is a bad person.
Thru reputation, opinion, or evidence of specific acts on x-x (no extrinsic evidence allowed).
iv) Sex offense cases
In sex offense cases, the prosecutor may offer evidence of the accused’s bad character even without an accused’s opening the door, under FRE 413(rape cases), FRE 413 (child molestation), and FRE 415 (civil cases).

c. Character of an alleged victim (FRE 404(a)(2))
i) The accused’s offer of evidence of the victim’s pertinent character
Mainly in cases of assault, murder, and rape.
ii) The prosecutor’s rebuttal
1) the accused is as bad a person as a victim (FRE 401 (a)(1)).
2) the victim was a good person (FRE 401(a)(2))
iii) Victim’s violent character in self-defense cases
The accused may offer evidence of a victim’s violent character (but only through reputation or opinion evidence) on the first-aggressor issue, in which case the prosecutor may offer rebuttal character evidence of peacefulness.
iv) Rape shield law (FRE 412)
A principle of inadmissibility of victim’s character evidence

d. Character in issue
It involves cases in which character is an element of a crime or a defense.
Entrapment is the only instance: the prosecution rebuts by showing D was predisposed to commit the crime.


5. Exception of Character of Witness
See the Witness Impeachment part.