In this paper, I argue that courts should not treat civil parties in quasi-criminal cases the same as criminal defendants because character evidence can be misused as propensity character evidence. Part II of this paper discusses the bar against admitting character evidence. Part III deals with the split among courts as to whether this rule can apply in quasi-criminal cases. Part IV of this paper concludes that courts should resolve this split and refrain from treating civil parties in quasi-criminal cases as criminal defendants because the risk of prejudice does not support this use of the Federal Rules of Evidence.
II. The Inadmissibility of Character Evidence
A. Before the Federal Rules
Federal Rule of Evidence 404 deals with the admissibility of character evidence. FRE 404(a)(1) lists the prohibited uses of character evidence, and states that “Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.”1 This concept of “propensity character evidence” has been defined as the use of evidence at trial of either a person's character or a person's trait of character to prove that he or she has a tendency to act in a specific manner.2 Thus, if a person has a tendency to act in a certain way, it's more likely than not that the person acted in conformance with that tendency while committing a bad act.
This concept now embedded in the Federal Rules of Evidence can trace its philosophical underpinnings in prerevolutionary England. Before the 17th century, English courts had very few limitations on what evidence could be admitted into court.3 This court system, which was created in the wake of Norman invasion in 1066, did not ...
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...470 F. 2d 432, 434-5 (D.C. Cir. 1972).
Thomas J. Reed, Trial by Propensity: Admission of Other Criminal Acts Evidenced in Federal Criminal Trials, 50 U. Cin. L. Rev. 713, 716 (1981).
Glen Weissenberger, Making Sense of Extrinsic Act Evidence: Federal Rule of Evidence 404(b), 70
Iowa L. Rev. 579, 583 n.17 (1985).
Reed, supra note 28, at 716-17.
Weissenberger, supra note 29, at 579, 603 n.75.
Reed, supra note 28, at 717.
People v. Shea, 41 N.E. 505, 511 (1895).
Weissenberger, supra note 75, at 603.
People v. Molineux, 61 N.E. 286, 302 (1901).
Boyd v. United States, 142 U.S. 450 (1892).
Fed. R. Evid. 404(a) advisory committee's note.
Fed. R. Evid.404.
Christopher W. Behan, When Turnabout Is Fair Play: Character Evidence and Self-Defense in Homicide and Assault Cases, 86 Or. L. Rev. 733, 746 (2007).
Fed. R. Evid. 403.
SEC v. Peters, 978 F.2d 1162, 1170 (10th Cir. 1992).
Garrett, B. L. (n.d.). The Substance of False Confessions. Criminal Justice Collection. Retrieved November 23, 2010, from find.galegroup.com.uproxy.library.dc-uoit.ca/gtx/retrieve.do?contentSet=IAC-Documents&resultListType=RESULT_LIST&qrySerId=Locale%28en%2C%2C%29%3AFQE%3D%28su%2CNone%2C28%29%22Wrongful+Convictions+%28Law%29%22%3AAnd%3ALQE%3D%28RE%2CNone%2C3%29ref%24&sgHitCo
Winship was convicted on a preponderance of evidence of stealing one-hundred and twelve dollars from a lavatory locker. The sentencing for Winship’s delinquent act was six years in a reformative setting. While the family court judge felt the level of proof needed to prove guilt was a preponderance of evidence, the supreme court felt higher level of proof was crucial. The United S...
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
Robinson trial; (2) prejustice and its effects on the processes of the law and society; (3)
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
Berns, Walter. "Getting Away With Murder." Commentary 97.4 (1994): 25. MAS Ultra - School Edition. Web. 14
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
Fairchild, H. & Cowan, G (1997). Journal of Social Issues. The O.J. Simpson Trial: Challenges to Science and Society.
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...