Chapter 25 - Character Evidence & the Rules

Question 1

What are the 3 distinct categories of “character evidence”?

Answer 1

1. Character
2. Reputation
3. Specific Acts

Question 2

The admissibility of any evidence related to character depends on what 2 things?

Answer 2

1. What the proponent is trying to prove

2. The type of inferences the proponent relies upon when using that character evidence

Question 3

Character Evidence that is INTERNAL: they reside w/in a person & people seem to have traits that incline them to act in particular ways.

Answer 3

Character

Question 4

Character Evidence that is EXTERNAL: it reflects what other people think about an individual.

Answer 4

Reputation

Question 5

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.

Answer 5

Actions

Question 6

Parties offer character evidence to prove what 4 different types of facts?

Answer 6

1. Proof of a Witness’s Propensity to Lie or Tell the Truth
2. Proof of Conduct by Propensity
3. Proof of Character or Reputation as Elements
4. Proof of Other Acts for Non-Propensity Purposes

Question 7

2 Reasons to introduce evidence related to Character.

Answer 7

1. To suggest that a Witness lied on the stand.

2. To prove that a witness has a character for untruthfulness

Question 8

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?

Answer 8

1. The witness has a REPUTATION for untruthfulness OR this person has committed a CRIME that involves DISHONESTY.
2. Someone w/ a reputation for untruthfulness (or who has committed a crime of dishonesty) probably has an untruthful CHARACTER.
3. A person with an untruthful character has a TENDENCY to lie.
4. CONCLUSION: Therefore, this witness lied on the stand.

Question 9

What RULE allows a party to rebut this evidence with proof of a witness’s truthful character?

Answer 9

RULE 608

Question 10

How does a trial lawyer usually establish truthful character?

Answer 10

By asking about instances of truthful behavior on cross-examination OR by introducing evidence of a truthful reputation.

Question 11

What lies at the heart of all evidence relating to a witness’s character to lie or tell the truth?

Answer 11

The consistency or PROPENSITY to act in a particular way

Question 12

What are the 2 steps of Propensity Reasoning?

Answer 12

1. An assumption that someone with a particular CHARACTER TENDS to ACT in a particular way, and
2. a conclusion that the person acted consistently with that tendency on a particular occasion.

Question 13

What are the 4 inferences the prosecutor would urge the jurty to reason to prove conduct by propensity?

Answer 13

1. D has committied many VIOLENT ACTS.
2. Someone who has committed many violent acts probably has a VIOLENT CHARACTER.
3. A person with a violent character has a TENDENCY to commit assaults.
4. CONCLUSION: Thus, D assaulted P on January 10th.

Question 14

What RULE bars most attempts to prove conduct by propensity?

Answer 14

RULE 404(a)

Question 15

Exception to RULE 404(a). –> Chapter 19

Answer 15

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.

Question 16

When may a party offer evidence of character or reputation for reasons that do NOT depend on an inference of propensity?

Answer 16

To establish an element of that claim or defense.

Question 17

Examples of proof of character or reputation as elements.

Answer 17

1. 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

Question 18

When parties offer evidence offer evidence of character or reputation to establish an element, what RULE allows that evidence?

Answer 18

RULE 405

Question 19

Evidence of a person’s actions can establish facts other than ___ and can support INFERENCES other than one based on ____

Answer 19

Character / Propensity

Question 20

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

Answer 20

1. 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

Question 21

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?

Answer 21

RULE 404(b)

Question 22

A single action can support dozens of different inferences about what 3 things? Think of the “Act of driving fast” example/chain of justification.

Answer 22

1. Character traits
2. Mental States
3. Circumstances