Chapter 25 - Character Evidence & the Rules Flashcards
What are the 3 distinct categories of “character evidence”?
- Character
- Reputation
- Specific Acts
The admissibility of any evidence related to character depends on what 2 things?
- What the proponent is trying to prove
2. The type of inferences the proponent relies upon when using that character evidence
Character Evidence that is INTERNAL: they reside w/in a person & people seem to have traits that incline them to act in particular ways.
Character
Character Evidence that is EXTERNAL: it reflects what other people think about an individual.
Reputation
Character Evidence that is between character & reputation:
a) For character, since we can’t see character, we deduce it from an individual’s actions. We reason backwards from the action to the character.
b) For reputation, we reason forward to assemble reputation from the actions we see.
Actions
Parties offer character evidence to prove what 4 different types of facts?
- Proof of a Witness’s Propensity to Lie or Tell the Truth
- Proof of Conduct by Propensity
- Proof of Character or Reputation as Elements
- Proof of Other Acts for Non-Propensity Purposes
2 Reasons to introduce evidence related to Character.
- To suggest that a Witness lied on the stand.
2. To prove that a witness has a character for untruthfulness
To suggest to a jury that a witness is lying on the stand, the party asks the jury to make a chain of 4 inferences which are?
- The witness has a REPUTATION for untruthfulness OR this person has committed a CRIME that involves DISHONESTY.
- Someone w/ a reputation for untruthfulness (or who has committed a crime of dishonesty) probably has an untruthful CHARACTER.
- A person with an untruthful character has a TENDENCY to lie.
- CONCLUSION: Therefore, this witness lied on the stand.
What RULE allows a party to rebut this evidence with proof of a witness’s truthful character?
RULE 608
How does a trial lawyer usually establish truthful character?
By asking about instances of truthful behavior on cross-examination OR by introducing evidence of a truthful reputation.
What lies at the heart of all evidence relating to a witness’s character to lie or tell the truth?
The consistency or PROPENSITY to act in a particular way
What are the 2 steps of Propensity Reasoning?
- An assumption that someone with a particular CHARACTER TENDS to ACT in a particular way, and
- a conclusion that the person acted consistently with that tendency on a particular occasion.
What are the 4 inferences the prosecutor would urge the jurty to reason to prove conduct by propensity?
- D has committied many VIOLENT ACTS.
- Someone who has committed many violent acts probably has a VIOLENT CHARACTER.
- A person with a violent character has a TENDENCY to commit assaults.
- CONCLUSION: Thus, D assaulted P on January 10th.
What RULE bars most attempts to prove conduct by propensity?
RULE 404(a)
Exception to RULE 404(a). –> Chapter 19
The use of evidence to suggest a witness’s character for truthfulness or untruthfulness is itself an exception to this general rule against the use of evidence to show propensity.
When may a party offer evidence of character or reputation for reasons that do NOT depend on an inference of propensity?
To establish an element of that claim or defense.
Examples of proof of character or reputation as elements.
- Defamation Ps to prove that a defamatory statement was false.
2) Defamation Ps often must also show INJURY TO REPUTATION
b) Ps Evidence for 1: P has an industrious CHARACTER –> thus Ds statement was false
c) Ps Evidence for 2: P has a REPUTATION for industriousness. –> Thus, Ds statement hurt Linda’s reputation
When parties offer evidence offer evidence of character or reputation to establish an element, what RULE allows that evidence?
RULE 405
Evidence of a person’s actions can establish facts other than ___ and can support INFERENCES other than one based on ____
Character / Propensity
Example/Chain of inferences of a person’s actions establishing facts other than character thus supporting inferences other than solely based on propensity.–> Act of driving fast
- Act of driving fast
a) Inference 1: Reckless Character –> Propensity to be reckless
b) Inference 2: Attempt to save a heart attack victim
c) Inference 3: Need to escape a sniper
What RULE allows parties to offer evidence of an action for a purpose other than to prove character and a propensity to act in a particular way?
RULE 404(b)
A single action can support dozens of different inferences about what 3 things? Think of the “Act of driving fast” example/chain of justification.
- Character traits
- Mental States
- Circumstances