Character Evidence
February 09, 2005
I made a chart showing when character evidence is admissible under the Federal Rules of Evidence. You can read it by clicking the blue-fonted text, below.
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Three Types of
Character Evidence - When Admissible |
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Reputation |
Opinion |
Specific Act |
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Character is substantive issue of crime (e.g., defamation or custody) |
Yes |
Yes |
Yes |
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Conduct in conformity therewith |
No |
No |
No |
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Crim. D's good character when D introduces and is inconsistent with type of crime charged |
Yes |
Yes |
No |
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Crim. D's bad character when opens door |
Yes |
Yes |
Yes |
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Crim. D of V's bad character (not sex in rape cases) |
Yes |
Yes |
No |
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P rebut D's showing of V's character |
Yes |
Yes |
No |
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Rape cases to show consent or other source of semen |
No |
No |
Yes |
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D's past criminal acts MIMIC (motive, intent, mistake, identity, common plan) |
No |
No |
Yes |
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Impeachment |
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To impeach witness's by showing rep. for truth and veracity |
Yes |
Yes |
No (unless crime of dishonesty or any felony within ten years) |
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Truth or veracity (cont.) |
No |
No |
Yes (on x-e if judge says probative of truthfulness, but no extrinsic evidence) |
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Prior inconsistent statement |
No |
No |
Yes (extrinsic evidence allowed if material but witness must have opp. to explain) (stat. non-hearsay if x-e and decl. available) |
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Bias |
No |
No |
Yes (extrinsic evidence in j's discretion and must lay foundation) |