Gregory Chandler-Relevance Requirement of Character Evidence

In criminal trials, the defendant has the option of introducing his character traits, or those of the alleged victim, it is obvious that the character traits must be relevant to the case, or else they will be excluded under Federal Rules of Evidence 402 and 403.  

For example, in United States v. Martinez, 988 F. 2d 685 (7th Cir. 1993), the defendants were charged with murder arising from a prison incident.  Evidence of the violent character of the victims was held properly excluded as not relevant where there was no viable self-defense claim. 

The evidence showed the victims were rendered defenseless and were repeatedly stabbed while lying motionless on the ground.
The defendants argued that they were acting in self-defense at the beginning of the fight; but this was not relevant to the subsequent conduct that was at the heart of the murder charge. 


GREGORY CHANDLER, Attorney at Law