Character Evidence in Criminal Cases

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether the character evidence is admissible in the present criminal case.

Analysis

R: Under FRE 404(a), evidence of (1) a person’s character or trait or (2) any other crime, wrong, or act (i.e., specific act) offered to prove a person’s character, is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

A: Here, [apply rule to facts].

Exceptions

Defendant's Choice (Mercy Rule)

R: The defendant may introduce reputation or opinion evidence to demonstrate the defendant’s good character. However, the prosecution may rebut the defendant’s evidence with character evidence about the same trait. Reputation testimony must be made by someone sufficiently familiar with the defendant’s reputation among associates or in the community. Opinion testimony on the defendant’s character must be based on personal knowledge and familiarity with the defendant.

A: Here, [apply rule to facts].

Victim's Character

R: Under FRE 404(a)(2)(B), a defendant may offer evidence of an alleged victim’s pertinent character trait, such as aggressiveness, to support a self-defense claim. If the defendant introduces such evidence, the prosecution may rebut it (1) by offering evidence to the contrary regarding the victim’s character or (2) by presenting evidence of the defendant’s same character trait. In homicide cases, the prosecution may introduce evidence of the victim’s character for peacefulness to rebut claims that the victim was the first aggressor.

A: Here, [apply rule to facts].

Specific Acts: Non-Character Purpose

R: FRE 404(b) permits the introduction of evidence of other crimes, wrongs, or acts (specific acts) for non-character purposes, such as establishing motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

A: Here, [apply rule to facts].

Specific Acts: Essential Element

R: When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific acts of the person’s conduct (FRE 405(b)). This scenario is uncommon in criminal cases but may arise in defenses like entrapment, where the defendant’s predisposition is directly at issue.

A: Here, [apply rule to facts].

Defendant’s Prior Sexual Behavior

R: Under FRE 413 and 414, evidence of the defendant’s prior sexual assaults or child molestations is admissible involving allegations of sexual assault or child molestation. The prosecution must provide notice of intent to introduce such evidence.

A: Here, [apply rule to facts].

Victim's Prior Sexual Behavior

R: FRE 412(a), known as the “Rape Shield Law,” generally prohibits evidence of an alleged victim’s prior sexual behavior or predisposition in cases of sexual misconduct. However, under 412(b)(1), in criminal cases exceptions permit such evidence when offered (1) to prove that someone other than the defendant was the source of semen, injury, or other physical evidence, (2) to establish consent when the prior sexual behavior involved the defendant, or (3) when exclusion of the evidence would violate the defendant’s constitutional rights. Admission of this evidence requires a pretrial motion and an in-camera hearing to determine admissibility.

A: Here, [apply rule to facts].

Conclusion

C: Therefore, the character evidence is [admissible/inadmissible] in the present criminal case.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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