When Character Evidence is admissible in Civil and Criminal cases

This article will address the admissibility of character evidence for parties in civil and criminal cases. While rule 90.404 of the Florida Rules of Evidence restricts the admissibility of character evidence, there are limited instances where character evidence is allowed.

Can Character Evidence be admitted in a Civil Case? Generally No

Character evidence is only permitted in civil cases when “character” is an essential element of the case.¹ Reputation evidence for this proof can be used but admitting specific instances of conduct is a far more logical way of presenting the evidence. That being said, it is the very rare cause where character is an essential element of the case. Defamation, Libel, Negligent Entrustment of a Motor Vehicle are all examples of causes of action that put character in issue.² For example, Mr. Jones accuses Mr. Smith of being a thief. Mr. Smith sues Mr. Jones for defamation. If Mr. Jones claims truth as a defense to an action in defamation, then he is entitled to introduce evidence of Mr. Jones’ character as a thief. When defending against the elements of the instant case, specific instances are admissible to justify the defense (or the allegations of him being a thief).³

Is Character Evidence allowed in Criminal Cases? Sometimes

In criminal actions, the Defendant can introduce character evidence when it is directed at a trait relevant to the crime. On the other hand, the prosecution cannot introduce evidence meant to prove the bad character of Defendant (or anyone else). The prosecutor can, however, rebut the Defendant’s evidence. For example, if a Defendant has been charged with a theft, it would be relevant for him/her to show that s/he has a reputation for honesty because it is inconsistent with the Defendant’s character to commit a theft crime.⁴ The character trait has to be relevant to the charge. Mere introduction of good character in general is not allowed.⁵