Evidence Law Made Easy: Character Evidence Defined episode artwork

EPISODE · Feb 27, 2024 · 3 MIN

Evidence Law Made Easy: Character Evidence Defined

from Law School · host The Law School of America

Character Evidence Defined First - what exactly is character evidence? Character evidence is evidence that seeks to prove a person's propensity to act in a certain way. In other words, it's evidence that's used to show someone's character traits, personality tendencies, habitual behaviors, or general disposition. Character evidence attempts to draw connections between someone's inherent qualities and how they may have acted in a specific situation. It involves reasoning that because a person has a certain character trait, they likely carried out some conduct consistent with that trait. For example, evidence that John is an aggressive person would be character evidence if it was offered to argue that he likely acted aggressively in a particular disputed situation. The evidence about John's aggressive personality is aimed at proving his propensity for aggression, and in turn predicting that he behaved accordingly. Similarly, evidence that Jane is a peaceful, nonviolent person could be introduced as character evidence to argue that she likely acted peacefully on a certain occasion. Her personality for nonviolence is used to suggest conforming conduct. There are infinite types of character traits that could be the subject of character evidence - honesty, caution, temperance, greed, recklessness, bravery, and so forth. Any inherent quality, tendency, or temperament that provides insight into someone's expected behavior falls under the umbrella of character. It's worth clarifying that not all evidence related to a person necessarily qualifies as character evidence. For instance, evidence that a person was sleepy at the time of a car accident describes their temporary condition, not their underlying character. However, evidence that the driver was generally a reckless person may be character evidence, speaking to their innate predisposition. The key is that true character evidence attempts to extrapolate how someone acted in a specific scenario based on their natural personality tendencies. It asks the fact finder to infer conduct from character. So in summary, character evidence is any testimony or exhibits that reference a person's character traits, personality, disposition, or habits in order to argue that they likely behaved in line with those qualities on a particular occasion. It seeks to show propensity through inherent qualities rather than case-specific facts. This type of reasoning based on character is subject to important limitations, which we'll explore next.

Episode metadata supplied by the publisher feed · Published Feb 27, 2024

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