Also known as: character traits
Written by attorneys · grounded in primary & secondary sources — see below
A personal quality or disposition of an individual. Evidence of such a quality is inadmissible to prove that the person acted in accordance with it on a particular occasion unless an exception applies.
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Cody Callahan faces assault charges after a bar fight. The prosecution calls a witness to testify that Callahan has a reputation for starting arguments when drinking. The court excludes the testimony because it is offered solely to show that Callahan acted violently on the night in question.
Cade Carpenter is prosecuted for assault and claims self-defense. He calls two coworkers who testify that Carpenter has a reputation for remaining calm under pressure and that in their opinion he is not a violent person. The court admits the testimony because it addresses a pertinent trait through proper methods.
Carlos Castillo sues a blogger for defamation after she calls him a chronic shoplifter. Castillo offers testimony that on prior occasions he paid for misplaced items and reported cashier errors. The court admits the evidence because his honesty is an essential element of the defamation claim.
A defendant may offer evidence of a pertinent trait. Once admitted the prosecutor may rebut with evidence of the same trait.
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The trait may be proved by reputation testimony or by opinion testimony. Specific instances may be inquired into on cross-examination of the character witness.
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Specific instances are admissible when the character trait is an essential element of a charge, claim, or defense.
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…404(a)(1). Even the majority concedes that the self-defense claims of Silverstein and Fountain were not assertions of character traits that opened the door to cross-examination about their propensity for violence. The majority holds that another statutory exception, Fed.R.Evid. 404(b), permitted the prosecutor to…