Character Evidence vs. Impeachment

A foundational problem that people have with Evidence on the MBE is knowing whether the question is testing impeachment or character evidence. It’s tough to apply the correct law without knowing which law they are testing!

A solution (in those questions testing either impeachment or character): ~if a witness who is not the defendant is the focus, then the question is testing the rules of impeachment. ~if the defendant who is not a witness is the focus then the question is testing the rules of character evidence. ~if the defendant who is also a witness is the focus, things are less definite. As a witness, the defendant is subject to impeachment. But as the defendant, the rules of character apply. The best approach (this actually *always applies in Evidence) is to determine the reason why the evidence is offered. The reasons for impeaching a witness, and the reasons for excluding character evidence, sit on very different policies.