0611

The court should sustain the objection. This is inadmissible character evidence and no exception applies.

It does not matter whether character evidence is elicited in opinion form (I think Jane is a reckless driver), or in reputation form (Jane has a reputation as a bad driver), or in the form of specific acts (I have seen Jane text and drive several times). If the obvious relevance of the testimony is to use prior behavior to show Jane was driving badly in this case, it is inadmissible character.

Questions? E-mail tanford@indiana.edu and refer to 0611.

What if the prosecution responds, "OK, then, I won't ask about a pattern. Isn't it true that on May 15, 2012, when Jane gave you a ride to the airport, you observed her driving badly and texting?" Now what objection should the defense make?

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