Proving the Defendant's Bad Character

Abstract

"A criminal trial," Justice Frankfurter once said, "should have the atmosphere of the operating room." The reality is otherwise, as many commentators recognize. Courtroom misconduct by prosecutors, particularly conduct which seeks to prove the defendant's bad character, is one of the most common tactics used to prejudice a defendant. Although proof of a defendant's prior criminal, vicious, or immoral conduct may occasionally be relevant, such proof will always be detrimental to the defendant. Constant vigilance by trial judges, along with self-restraint by prosecutors, are essential to ensure a defendant's fair trial and a jury verdict based on proof of guilt, not proof of bad character.