Character Evidence

Question 1

Krent v. Lions, Inc. (2009)

Answer 1

Occasionally, the defendant will seek to establish that another party is to blame by showing that
third party’s bad character. For example, in a murder trial, the defendant may try to introduce
evidence that another suspect has a criminal record. Many legal scholars call this “reverse character
evidence.” Ordinarily, such evidence would be inadmissible because it is being used to show action
in conformity therewith. However, we decline to say that reverse character evidence is
automatically inadmissible. Because the person whose bad character is being introduced is not a
party to the case and therefore not subject to criminal or civil penalties as a result of trial, much of
the justification behind MRE 404(a) does not apply to reverse character evidence. In our view,
there are instances where it is appropriate to introduce this reverse character evidence and other
instances where it may not be. Accordingly, we leave it to trial courts to resolve the admissibility
of reverse character evidence by balancing its relevance against its prejudicial effect.

Question 2

Estate of Hamilton v. Walton (2009)

Answer 2

Testimony about a psychological condition does not constitute “[e]vidence of a person’s character
or character trait,” the only evidence excluded by MRE 404(a)(1). The fact that a person suffers
from a medically recognized psychological disorder is not character evidence any more than the
fact that a person has a physical condition that would make it easier or harder for them to perform
a given act.

Question 3

Claypoole v. Yoo (2010)

Answer 3

Expanding on the Court’s reasoning and holding in last year’s Estate of Hamilton v. Walton (2009),
in a Slayer Statute proceeding, evidence showing that the defendant’s psychological profile does
not match the psychological profile of a hypothetical culpable actor does not constitute “[e]vidence
of a person’s character or character trait,” the only evidence excluded by MRE 404(a)(1).
Additionally, if the defense offers evidence that the defendant’s psychological profile does not
match the psychological profile of a hypothetical culpable actor and / or the defense calls an expert
who reached an opinion on such an issue, the plaintiff may provide evidence to show the defendant
fits the psychological profile; such evidence also does not constitute character evidence.

Question 4

Pattison v. He (2011)

Answer 4

MRE 609 does not categorically exclude evidence of a witness’s prior criminal conviction
punishable by less than one year of imprisonment, especially when the offense was a crime of
dishonesty. Such evidence may still be admissible, subject to the MRE, on a case-by-case basis.