Evidence Law Lecture 2 (of 2) (Part 2): Character Evidence and Hearsay

This Evidence Law lecture outlines the rules governing character evidence and hearsay. Character evidence, generally inadmissible to prove conduct, has exceptions in both criminal and civil cases, with admissibility depending on the specific context of the case (e.g., self-defense, defamation). Hearsay, an out-of-court statement offered for its truth, is also generally inadmissible unless it falls under an exception, such as excited utterances or business records. The lecture details numerous exceptions to both rules and emphasizes their importance in legal strategy and courtroom practice. Finally, the lecture previews upcoming topics including witness impeachment and expert testimony.

I. Character Evidence

General Rule (Criminal Cases): Past behavior can't be used to prove someone acted that way in a specific instance.

Exceptions (Criminal Cases): "The Defendant Opens the Door": If the defendant brings up their good character, the prosecution can show evidence of their bad character.

Character of the Victim in Self-Defense Cases: In self-defense cases, evidence of the victim's violent character can be used; the prosecution can counter with evidence of the victim's peaceful character or the defendant's violent history.

General Rule (Civil Cases): Character evidence is usually inadmissible unless character is the main issue.

Exceptions (Civil Cases): Character evidence is allowed in cases involving defamation, child custody, negligent hiring, fraud, and breach of fiduciary duty.

Habit Evidence (Civil Cases): Evidence of specific, repeated habits may be admissible.

II. Hearsay and its Exceptions

Definition of Hearsay: An out-of-court statement used to prove the truth of the matter asserted.

General Rule of Hearsay: Hearsay is inadmissible.

Non-Hearsay Statements: Prior inconsistent statements, prior consistent statements, prior identifications, admissions by a party-opponent, adoptive admissions, vicarious admissions, and co-conspirator statements.

Hearsay Exceptions: Excited utterance, present sense impression, statement for medical diagnosis or treatment, dying declaration, business records, public records, former testimony, statements against interest, statements of personal or family history, and residual exception.

III. Strategic Considerations

Knowledge of character evidence and hearsay rules is crucial for lawyers.

Strategic use of these rules involves careful planning to ensure admissibility and fairness.

Courts consider the reliability and necessity of hearsay evidence.

Some hearsay exceptions require the declarant to be unavailable.