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Topic: Character evidence

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	Character evidence - Wikipedia, the free encyclopedia
		Character evidence is a term used in the law of evidence in the United States to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person.
		Character evidence is generally inadmissible in civil suits, because it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion.
		Character evidence may be admitted where the character of the party is an element of the claim—for example, in a defamation claim where party A sues party B because B said that A is dishonest.
	en.wikipedia.org /wiki/Character_evidence (510 words)

	Evidence (law) - Wikipedia, the free encyclopedia
		Evidence must be relevant — that is, it must have a tendency to make a fact at issue in the proceeding be more or less probable than it would be without the evidence.
		The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted during direct examination and cross-examination of witnesses.
		These include the exclusionary rule of criminal procedure, which prohibits the admission in a criminal trial of evidence gained by unconstitutional means, and the parol evidence rule of contract law, which prohibits the admission of extrinsic evidence of the contents of a written contract.
	en.wikipedia.org /wiki/Evidence_(law) (1198 words)

	Peter Tillers -- Character Evidence
		Although the "meager probative force" theory is an inadequate rationale for the character evidence rule, the explanation for the inadequacy of this rationale cannot be grounded in contemporary legal definitions of "relevance." It is tempting to use contemporary legal definitions of "relevance" to challenge the meager probative force theory.
		If, however, "character" is voluntarily assumed or chosen by the actor, then the cause of "behavior" is a chosen state of affairs, not an inherited one and it may be appropriate to say that the act "caused" by the actor's character is an act that was chosen by the actor self-chosen or self-determined action.
		Whatever the character evidence rule may mean today, it does not mean that it is impermissible to use evidence to paint a picture of person's psyche, his beliefs, his thinking, his aspirations, and the like in order to show that the person did or did not act in a particular way on a particular occasion.
	www.tillers.net /character.html (9911 words)

	Legal Definition of Character Evidence
		Although used infrequently in civil cases, character evidence may be given in custody cases where the honesty of a party arguably affects their ability to be a good parent (for example, in the case of a habitual liar), or in cases of fault divorce.
		In actions for criminal conversation with the plaintiff's wife, evidence may be given of the wife's general bad character, for want of chastity and even of particular acts of adultery committed by her, previous to her intercourse with the defendant.
		For example, evidence of the general character of a prosecutrix for a rape may be given, such as that she was a street walker; but evidence of specific acts of criminality cannot be admitted.
	www.lectlaw.com /def/c341.htm (732 words)

	K.B.R. - Evidence (Site not responding. Last check: 2007-10-12)
		Limited Admissibility---When evidence is admissible against one party or for one purpose but is inadmissible against another party or for another purpose (e.g., liability insurance admissible to prove control, inadmissible to prove negligence), the evidence is admitted and the court may be asked to instruct the jury on the proper use of the evidence.
		Evidence that a person has a certain trait of character is relevant to predict the person acted in accord with that trait of character on the occasion that is subject to litigation.
		In civil cases, FRE 412 bars evidence of reputation of the alleged victim unless reputation has been placed in issue by the victim and other evidence of "sexual predisposition" is inadmissible unless its probative value substantially outweighs the danger of harm to the victim or prejudice to a party.
	classes.washburnlaw.edu /conc/Publications/ksevidence.htm (5230 words)

	CHARACTER EVIDENCE
		Evidence of a pertinent trait of character of a witness is admissible as provided in rules 607 (impeachment of witness), 608 (character and conduct of witness) and 609 (evidence of conviction of crime).
		Evidence of other crimes, wrongs, or acts proffered under subsection (b)(2) of this rule may be admitted in a criminal case only upon a showing that the probative value of the evidence outweighs its potential for prejudice.
		Under this rule, evidence that an employee had a character trait of absent-mindedness would not be admissible to prove that on a particular occasion he or she failed to fasten the safety latch on a piece of equipment.
	members.aol.com /StatutesP8/Ev.404.html (785 words)

	[No title]
		In part (a), the evidence offered are lines 4-6, she says it’s like hauling a truck load of diamonds, and she doesn’t have the heart to go back.
		It’s not the character trait that breaches duty, it’s the conduct of carelessness.
		She has a character trait of carelessness, and her action on the date of the offense is action in conformity.
	www.nvo.com /mikelaw/nss-folder/evidence/evidSep20.doc (2036 words)

	The Evidence Site: Archives--Section Workshop
		She approaches the topic of DNA evidence by giving the students an autorad, and by discussing the significance of a "match", the Bayesian significance of adding a priori probability, the defense and prosecutors' fallacies, how to factor in known risk of lab error, and the use of data banks to establish population frequencies.
		Current calls for elimination of the character bar, Professor Leonard argued, show a declining commitment to these historic American values, stemming partly from a fear of crime and from growing group rejection of assimilation; the result is a call for generalized, not individualized justice, as we divide into a society of perceived predators and prey.
		His thesis is that social science evidence of less scientific validity is admitted in a diagnostic sense in cases of battered women -- to present an excuse defense because the syndrome "produced" the conduct.
	www.law.umich.edu /thayer/panel.htm (2294 words)

	[No title]
		Character Evidence (FRE 404(a)) (page 159) In 2005, an amendment to Rule 404(a) was proposed by the Advisory Committee on Evidence Rules and approved by the Committee on Rules of Practice and Procedure.
		Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes (a) Character evidence generally—Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused.
		Evidence of (2) in a civil case, conduct or statements made in compromise negotiations is likewise not admissible regarding the claim.
	www.lexisnexis.com /lawschool/study/texts/pdf/TrTechEvid2005LU.doc (2009 words)

	State v. Dan
		The answer to the state's argument is that defendant's testimony was not "character evidence," and therefore, the state's attempted rebuttal through evidence of specific prior conduct was not authorized by OEC 404 or any other provision of the evidence code.
		"Character evidence, therefore, is evidence of a particular human trait, such as truthfulness, honesty, temperance, carefulness, or peacefulness, etc. A person's character with respect to truthfulness means that person's propensity to tell the truth in all the varying situations of life.
		The state's classification of defendant's testimony as "character evidence" is flawed, because his testimony was not a description of his disposition in general or of a particularized trait that manifested itself in all the varying situations of life.
	www.animallaw.info /cases/caus20p3d829.htm (2121 words)

	Dawson v. Delaware (Site not responding. Last check: 2007-10-12)
		To rebut mitigating character evidence introduced by petitioner Dawson at his capital sentencing hearing, the State of Delaware proved that Dawson belonged to the Aryan Brotherhood [p170] prison gang.
		That evidence, I submit, supports an inference that, while in prison, [p173] Dawson engaged in the kind of unlawful activity mentioned by the Court.
		If the Court considers the evidence irrelevant, the problem is not that Delaware law bases the sentencing decision on impermissible issues, but rather that Dawson may not have received a fair trial on the permissible issues in the proceeding.
	www.law.cornell.edu /supct/html/historics/USSC_CR_0503_0159_ZD.html (2924 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		Prosecution may present evidence of character trait “peacefulness” in homicide or assault.
		Cross-examiner must have “good faith belief” Must be related to a “pertinent” character trait (c) Affidavits Usable if door opened by defense by defense (d) Definitions of “reputation” and “community” “Reputation” is estimation in which person is generally held in community where person lives or works.
		Specific instances may be about the witness and his character for truthfulness or about another witness whose character for truthfulness the witness on the stand is addressing.
	www.agd.state.tx.us /jag/CharEvid.doc (718 words)

	MRE 404 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
		Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
		MRE 404(a) is identical with Rule 404(a) of the Federal Rules of Evidence except for the addition of MRE 404(a)(3), and language changes incident thereto, regarding evidence of the character of the victim in a case charging criminal sexual conduct.
		The September 1, 2001 amendment of subrule (a)(2) limits the accused's use of evidence of the alleged victim's character to a character trait for aggression in a homicide case in which self-defense is an issue.
	www.icle.org /mlo/mre/html/404.htm (563 words)

	Craig Callen, University of Mississippi College of Law:
		The ban on character evidence applies only when the sole theory of logical relevance is that the existence of errors in the past suggests a tendency to err that might affect the result in the case at bar.
		Evidence that spurious peaks or bands have occurred under similar circumstances in proficiency tests of the laboratory on known samples would lend support to the defense theory that the band in the pending case is an artifact.
		Federal Rule 405(a) provides that “In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.
	www.law.umich.edu /thayer/evinew2001.htm (5218 words)

	72720 -- State v. Mader -- Davis -- Kansas Supreme Court
		The trial court, over objection, allowed the State to present independent evidence of the peaceable nature of the victim when the character of the victim was not at issue.
		The major flaw in the State's argument is its failure to recognize the distinction between character evidence proving the general nature of a person and the propensity of that person to act consistently with his or her character versus the actions of a person on one particular occasion.
		We hold that the trial court erred when it admitted, over objection, independent evidence of the victim's reputation for peacefulness when the victim's character or a trait of his character was not in issue.
	www.kscourts.org /kscases/supct/1997/19970124/72720.htm (1644 words)

	Untitled Document
		Competent evidence is testimony based on the perceptions of the witness or thing that is testifying.
		Character of victim - pertinent trait of victim of crime offered by accused or by prosecution to rebut same.
		Authentic evidence Rule 901 This is the gun that was used to shoot the victim.
	www.slu.edu /colleges/AS/prelaw/mtevidenceol.html (647 words)

	Mosteller Abstract (Site not responding. Last check: 2007-10-12)
		Mosteller argues that the principal dangers to accurate factfinding posed by group character evidence vary considerably among the different uses and claims of such evidence, and that admissibility standards, including the level of scientific validity that must support admission, should vary accordingly.
		Mosteller begins his Article by developing a general approach for judging the admissibility of group character evidence, focusing on the specific use of the evidence, the strong claim of syndrome evidence to predict and determine perceptions or conduct, and the quality of the science supporting the syndrome.
		Mosteller evaluates the relationship between the admission of group character and syndrome evidence and the apparent increase in abuse-related defenses, noting some ways in which such evidence increases the effectiveness of abuse defenses, and identifying types of cases in which a substantial danger of misuse exists.
	www.law.duke.edu /journals/dlj/back/vol46-3/abstrcts/MSTELLER.HTM (421 words)

	OCCA: OUJI-CR 9-11 (Site not responding. Last check: 2007-10-12)
		Evidence has been introduced for the purpose of showing the character of the deceased to be that of a quarrelsome, dangerous person.
		As noted in the Committee Comments pertaining to proof of the character of the deceased, character evidence may be adduced under section 2405, 12 O.S. 1991, § 2405, either through use of reputation or opinion testimony.
		The character witness may be cross-examined by inquiry into that witness's knowledge of specific instances of conduct by the victim which, if true, would tend to undermine the witness's opinion or report of reputation.
	www.occa.state.ok.us /online/oujis/oujisrvr.jsp?o=520 (226 words)

	[No title]
		FRE 404(a) — Character to Prove Conduct (Propensity Evid): you can’t prove character in order to prove someone acted in conformity with his or her character (because someone is this kind of person and he has that character, he became a certain way).
		Threshold decision whether evid is “probative of a material issue other than character”: no need for prelim finding by the ct that the govt proved a prior act by preponderance 104(b) jury Q: jury hears all of the alleged prior acts and decides if they in fact took place by a preponderance.
		Estb Foundation of Character Witness simply by showing that witness knows the D or has had contact with D. reputation has to be based on a period of time before the incident at issue occurred.
	www.ilrg.com /students/outlines/download/evid2.doc (12158 words)

	[No title]
		Comment It is difficult to explain to a jury that character evidence can be used on the question of the credibility of a party witness, but not on substantive questions.
		When a non-party witness is impeached or supported with character evidence, the jury is more likely to understand that the evidence relates only to credibility.
		608 that extrinsic evidence is not admissible to prove that an event occurred which is unknown to the witness; yet the question implies that it did occur.
	www.state.ak.us /local/akpages/COURTS/insciv/01A.14.doc (699 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		You may consider this evidence only in deciding whether to believe the testimony of [(name of witness)] [the defendant] [defendant (name)] and how much weight to give to it.
		Once a criminal defendant has testified, his or her character for truth and veracity may be attacked, as with any other witness, in the ways provided for in Rule 608 (and 609), Fed. R.
		It is not necessary, for that purpose, that he or she first have attempted to introduce evidence of his or her good character for truth and veracity, United States v.
	www.are.uscourts.gov /Jury/criminal/4-02.htm (336 words)

	SSRN-What Is Wrong with Character Evidence? by Peter Tillers
		The rule barring the use of character to show conduct - the character evidence rule - has undergone significant erosion in recent years.
		But the character evidence rule - the rule barring the circumstantial use of character - is not yet dead.
		One prominent observer - John Langbein - takes the position that rules of evidence are particularly hardy weeds that manage to survive even when is no good reason for their continued existence.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=692623 (580 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		Authentication: -items introduced into evidence must be authenticated, they must be connected to the case “Relevancy” Rule 901 “authentication requirement is satisfied by the offering of evidence sufficient to support a finding that the matter in question is what its proponent claims.
		Since prior conviction is likely to lead to a conviction on improper grounds his stipulation of the conviction is sufficient as evidence regardless if the name of the crime is not involved since it goes to his character and proponent needs to prove what happened and not what type of person he may be.
		It is offered as evidence that she believed that Ira was cruel, and therefore she would be less likely to support him and that future companionship is not worth much.
	www.nesl.edu /students/pdp/secure/doc/rev-evid1.doc (4648 words)

	SSRN-An Evidentiary Paradox: Defending the Character Evidence Prohibition by Upholding a Non-Character Theory of ...
		The thrust of the criticism is that evidence admitted under the doctrine is irrelevant unless one assumes that the defendant has a constant, unchanging propensity over time.
		If the courts begin to routinely exclude this highly probative evidence in child abuse prosecutions and civil rights actions, as a backlash the character evidence prohibition itself might be abolished.
		There may be a case for abolishing the character evidence prohibition, but that case cannot be premised on the argument that the doctrine of chances is a spurious non-character theory.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=795725 (662 words)

	ARTICLE 1
		When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or in the court’s discretion subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
		When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
		The disappearance of the presumption does not deprive the offered evidence of whatever probative value and whatever effect to which it would otherwise be entitled.
	www.courts.state.mn.us /rules/R_Evid.htm (3739 words)

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