Open Access. Powered by Scholars. Published by Universities.®
- Publication
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Law
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry Colb
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry Colb
Sherry Colb
In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Sherry Colb
No abstract provided.
Characteristics Of Soulless Persons: The Applicability Of The Character Evidence Rule To Corporations, Susanna Ripken
Characteristics Of Soulless Persons: The Applicability Of The Character Evidence Rule To Corporations, Susanna Ripken
Susanna K. Ripken
The article discusses the nature of corporate personhood and the propriety of using certain types of evidence to prove corporate misconduct. Under Federal Rule of Evidence 404, the character evidence rule, evidence of a person's bad character generally is not admissible to prove that a person acted in conformity with that character on a particular occasion. Although the rule serves to protect individuals in both criminal and civil cases, no consensus exists as to whether the character evidence rule should apply with equal force to corporations. This article argues that the ban on character evidence should not be extended to …