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:
“Man, her last work, who seemed so fair,
Such splendid purpose in his eyes,
Who rolled the psalm to wintry skies,
Who built him fanes of fruitless prayer,
Who trusted God was love indeed
And love Creation’s final law—
Though Nature, red in tooth and claw
With ravine, shrieked against his creed—”
—Alfred Tennyson (1809–1892)
“I have no purpose to introduce political and social equality between the white and black races. There is a physical difference between the two, which, in my judgement, will probably for ever forbid their living together upon the footing of perfect equality; and inasmuch as it becomes a necessity that there must be a difference, I ... am in favour of the race to which I belong having the superior position.”
—Abraham Lincoln (1809–1865)
“Our purpose in founding the city was not to make any one class in it surpassingly happy, but to make the city as a whole as happy as possible.”
—Socrates (469–399 B.C.)