THE
CHARACTER EVIDENCE PROHIBITION: A REVIEW OF ITS HISTORICAL EVOLUTION IN THE ANGLO-AMERICAN COMMON LAW TRADITION AND ITS MODERN TREATMENT BY THE FEDERAL RULES OF EVIDENCE
Donald G Casswell, "Through the Admissibility of Evidence Maze: An Attempt at a Purposive Structuring" (1991) 29:3 Alta L Rev 584 at 613-14 (Canadian evidence rules that require limiting instructions include the hearsay rule, prior-conviction evidence, prior inconsistent statements,
character evidence and similar facts, and statements by co-accused).
these rules as the "
character evidence prohibition," (19) but
After hearing further arguments from both sides, the district court ruled the photographs admissible over the defendant's objection that they were
character evidence and unduly prejudicial.
Let us be clear about the logic of the situation: in acknowledging that good
character evidence is (exculpatorily) relevant, the courts are committed to saying that:
(15) The advisory comment accompanying Rule 404 notes explicitly that
character evidence tends to distract from probatively valuable evidence.
(79) This violates Rule 404(a), which generally prohibits the introduction of
character evidence. (80) Or rather, this would violate Rule 404(a) if it were recognized for what it is--evidence--and the Rules of Evidence were applied accordingly.
Background information on the rule is as follows: FRE 404(a)(2)(B)(ii) appears in the first section of FRE 404, entitled "
Character Evidence." (112) It allows rebuttal of victim
character evidence with evidence of the "same trait" of the defendant.
Similarly, the lyric did not constitute
character evidence inadmissible under Federal Rule of Evidence 404(b).
It covers the basics; relevance, unfair prejudice, and excluding evidence for reasons of policy; preliminary facts and laying a foundation; objections and offers of proof; best and secondary evidence rules and judicial notice;
character evidence; habit; uncharged misconduct evidence; lay and expert witnesses; cross-examination, impeachment, and rehabilitation of witnesses; hearsay; privilege; and presumptions.
Retired Dublin fire officer John Kidd gave
character evidence saying Ducie helped organise events raising funds for a children's cancer charity.
Mr Cole said
character evidence had been "overwhelmingly positive of a hard working, diligent and worthy officer".
