0602

There is no character evidence involved. This testimony involves single incidents, not patterns of behavior.

1) The defendant struck the plaintiff -- this is a single act, not a pattern of violent behavior.
2) The plaintiff was rude -- he was rude this once; there is no suggestion he had a tendency to act rudely.
3) The plaintiff called the defendant an idiot on this one occasion. There is no evidence that this was a pattern of behavior.

In other words, a person can act rudely, violently or idiotically, or can be a rude, violent or idiotic person. The latter is character, the former is not.

Questions? E-mail tanford@indiana.edu and refer to 0602.

The testimony continues:
Q: He never physically threatened you, did he?
A: Nope.

Q: And there was no skirmish of any kind preceding your act of violence, was there?
A: No.

Q: You just felt like hitting him right out of the blue, so you did, isn't that right?
A: I suppose so.

Q: No further questions, Your Honor.
Judge: Redirect, Mr. Weathers?
Q: Yes, your Honor. Mr. Dworkinson, how long have you known the plaintiff, Mr. Wilby?
A: Oh, approximately twelve years.

Q: And over that duration did you have an opportunity to form an opinion about him?
A: I did, yeah.

Q: Could you please state that opinion for the court.
A: You mean what I really think of him?

Q: Your honest opinion, sir.
A: He's an asshole. Everybody thinks he's an asshole

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