Character evidence presents three issues: (1) Learning to recognize what constitutes character evidence; (2) Learning to recognize whether the admissibility of character evidence will be analyzed under Rule 404(a), Rule 404(b), Rule 412 or the impeachment rules, and (3) Figuring out whether it is admissible or inadmissible.
Let's see 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.