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
- 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
- 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.
Read more about this topic: Character Evidence
Famous quotes containing the word purpose:
“Civilization is a process in the service of Eros, whose purpose is to combine single human individuals, and after that families, then races, peoples and nations, into one great unity, the unity of mankind. Why this has to happen, we do not know; the work of Eros is precisely this.”
—Sigmund Freud (1856–1939)
“In using the strong hand, as now compelled to do, the government has a difficult duty to perform. At the very best, it will by turns do both too little and too much. It can properly have no motive of revenge, no purpose to punish merely for punishment’s sake. While we must, by all available means, prevent the overthrow of the government, we should avoid planting and cultivating too many thorns in the bosom of society.”
—Abraham Lincoln (1809–1865)
“I beg to assure you that I have never written you, or spoken to you, in greater kindness or feeling than now, nor with a fuller purpose to sustain you, so far as in my most anxious judgement, I consistently can. But you must act.”
—Abraham Lincoln (1809–1865)