On direct examination, which scenario is an example of improper character testimony?

On direct examination, which scenario is an example of improper character testimony?

• A. The witness testifies that the defendant tortured cats.
• B. The witness testifies that the defendant paid his taxes on time.
• C. The witness describes the defendant's physical appearance.
• D. The witness explains the defendant's motive.

Answer: (A)

On direct examination, you can’t use a defendant’s character to prove how he acted on the charged occasion. Saying the defendant tortured cats reveals a cruel, violent character based on a specific past act, which is exactly the kind of propensity evidence that is barred on direct because it invites the jury to convict based on who he is rather than on the facts of the case. Describing physical appearance is simply identification, motive explains why the act occurred and is relevant, and paying taxes on time describes conduct that doesn’t suggest a propensity to commit the crime. So the cats example is the improper one.

On direct examination, you can’t use a defendant’s character to prove how he acted on the charged occasion. Saying the defendant tortured cats reveals a cruel, violent character based on a specific past act, which is exactly the kind of propensity evidence that is barred on direct because it invites the jury to convict based on who he is rather than on the facts of the case. Describing physical appearance is simply identification, motive explains why the act occurred and is relevant, and paying taxes on time describes conduct that doesn’t suggest a propensity to commit the crime. So the cats example is the improper one.