Comment by Katherine J. Alprin
American courts have historically disliked the use of character evidence. Out of respect for its entrenched common-law tradition, however, the admission of character evidence by an accused in his own defense has always been an accepted fact. The Federal Rules of Evidence codified this tradition in Rule 404, drawing a distinction between criminal and civil defendants. This Comment explores the justifications for this distinction and questions its foundation. Although the majority of American courts have accepted the position of the Federal Rules, two circuits and some state courts have allowed character evidence in a civil trial in which the defendant is accused of criminally punishable conduct (the “quasi-criminal” trial). This Comment analyzes the strengths and weaknesses of both the majority and minority positions, and eventually finds that neither approach is optimal. It concludes by proposing a modified rule, allowing for limited admissibility of character evidence in quasi-criminal actions.
About the Author
Katherine J. Alprin. B.A. 1994, Williams College; J.D. 1999, Tulane Law School.
Citation
73 Tul. L. Rev. 2073 (1999)