Character Evidence - Purpose

Purpose

In the United States, character evidence may be offered at trial to

1. prove character, if character is a substantive issue in the litigation

admissibility of character evidence to prove character is not affected by the case's civil or criminal nature

2. prove, through circumstantial evidence, an aspect of an individual's conduct

character evidence's admissibility as circumstantial evidence is influenced by the case's civil or criminal nature

3. impeach or strengthen the credibility of a witness

Character may be a substantive issue in defamation suits, in lawsuits alleging negligent hiring or negligent entrustment, in child custody cases, as well as in loss of consortium cases; character evidence is thus admissible to prove the substantive issues that arise in these types of lawsuits.

If used as circumstantial evidence, FRE 404(a)(1) renders inadmissible character evidence offered to prove that an individual acted "in accordance with" a character or trait "on a particular occasion." It lists several exceptions which apply depending on whether the proceeding is civil or criminal, whether the defense or prosecution is offering the character evidence, and what purpose it is being offered for.