Also known as: pertinent traits · relevant trait
Written by attorneys · grounded in primary & secondary sources — see below
A character trait bearing a logical connection to the conduct or elements charged in a criminal case. The trait must relate directly to whether the defendant or victim acted in conformity with it on the occasion in question.
Pavel Petrov stands trial for aggravated battery after an altercation with a spectator. He calls coworkers who testify that he maintains a reputation for remaining calm during disputes. The prosecutor then calls arena staff prepared to testify that Pavel is known for sudden outbursts when heckled. The court admits the prosecution evidence because Pavel placed his own pertinent trait at issue.
Penelope Price faces assault charges and claims self-defense against an alleged victim who initiated the fight. She calls witnesses who testify that the victim holds a reputation in the local bar scene for starting physical confrontations. The prosecutor responds with testimony that the victim is known for peaceful conduct off duty. The court admits both the defense evidence of the victim's pertinent trait and the prosecution rebuttal.
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A trait is pertinent when it bears a logical relationship to the charged conduct so that evidence of the trait tends to make it more or less likely the person acted in conformity with it. Courts examine whether the trait directly negates or supports an element of the offense.
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No. The prosecutor may offer rebuttal evidence only after the defendant first introduces evidence of a pertinent trait. The general prohibition on propensity evidence remains in force until the defendant opens the door.
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Reputation or opinion testimony is the primary method. Specific instances of conduct are generally reserved for cross-examination of a character witness or when character itself constitutes an essential element of a claim or defense.
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No. The rebuttal must address the same pertinent trait but need not arise from identical factual settings. Reputation testimony drawn from varied observations remains admissible so long as it responds to the trait the defendant placed in issue.
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