6. CHARACTER EVIDENCE

Character evidence presents four issues:

(1) Learning to recognize what constitutes character evidence. Rule 404 doesn't define it.
(2) Learning to distinguish whether the admissibility of character evidence will be analyzed under Rule 404(a) or some other rule -- 403, 404(b), 406, 412, or the impeachment rules
(3) Learning to distinguish among three different ways of proving character -- by proof of general reputation, by eliciting a witness's personal opinion, and by proving specific situations in which the person exhibited his or her character.
(4) Learning to differentiate among various purposes for which character evidence may be offered.

Let's start by seeing if we can recognize character evidence when we hear it. In the movie "From the Hip," there is a trial of a civil battery case. The Plaintiff is a member of the board of directors of a bank. He is suing the bank president for punching him after a board meeting. In this extract from the trial, the bank president is on the stand, being questioned by the plaintiff's attorney.

Q: So let me get this straight. The plaintiff, a trustee, criticized your bank's lending policy after a board meeting?
A: That's correct.
Q: So you punched him?
A: I struck him because he was rude. He called me an idiot.

Does this testimony contain any character evidence? When you think you know the answer, click here .