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Schafer v. Time, Inc.,—2 F.3d–61 |
U.S. Court of Appeals for the Eleventh Circuit |
1998 |
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Chapter |
9 |
Title |
A Return to Relevance II: Character and Habit |
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Page |
428 |
Topic |
Rule 405 |
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Quick Notes |
Schafer bought suit against Time Magazine for libel, because he was misidentified as a TRAITOR to the United States government as being involved with the bombing of Pan Am Flight 103. Schafer argues that the district court erred during cross-examination by allowing Time to discuss his felony conviction, violation of subsequent parole, driving under the influence, bad check writing, failure to pay taxes, failure to pay child support, and his attempted name and social security number change.
Court - Holding o We find no error in Time's exploration of these and other issues of character during its cross-examination of Schafer. o Time's questions regarding Schafer's work for Soldier of Fortune magazine, Time's questions fell within the scope of Federal Rules of Evidence 405(a) and 608(b).
Rule 405. Methods of Proving Character o (a) Reputation or opinion. o In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by § testimony as to reputation or by § testimony in the form of an opinion. o On cross-examination, inquiry is allowable into relevant specific instances of conduct.
o (b) Specific instances of conduct. o In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct. o Criminal or Civil. o No one has to open the door first. |
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Book Name |
Evidence: A Contemporary Approach. Sydney Beckman, Susan Crump, Fred Galves. ISBN: 978-0-314-19105-2. |
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Issue |
o Whether attacks on credibility are allowed if they relate to an element of the law? Yes. |
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Procedure |
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Trial |
o United States District Court for the Northern District of Georgia entered in favor of defendant magazine publisher. |
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Appellant |
o In reversing the judgment and remanding the case for a new trial, the court held that the trial court's instruction, although literally accurate, failed to properly guide the jury in its deliberations and likely resulted in a legally misguided verdict. The court found that the natural and plain connotation of the phrase "deliberately calculated to injure" suggested that the jury was required to find that defendant subjectively intended to injure plaintiff as a prerequisite for liability. The court observed that the charge carried with it a powerful tendency to mislead and confuse, and that the charge, as modified by the re-charge, adequately focused the jury's attention on the proper factual issue. |
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Facts/Cases |
Discussion |
Key Phrases |
Rules/Laws |
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Pl - Schafer Df - Time
Description o Schafer bought suit against Time Magazine for libel, because he was misidentified as a TRAITOR to the United States government as being involved with the bombing of Pan Am Flight 103. o Schafer argues that the district court erred during cross-examination by allowing Time to discuss his felony conviction, violation of subsequent parole, driving under the influence, bad check writing, failure to pay taxes, failure to pay child support, and his attempted name and social security number change. |
Rule 404 o Character evidence is generally inadmissible to prove conforming conduct.
Rule 405 o In an action for defamation or libel, however, the issue of the plaintiff's reputation and character scarcely can be avoided because the plaintiff typically seeks to recover compensation for damage to his or her reputation.
District Court Permitted Time to explore Shafers Background o Felony conviction. o A possible violation of his subsequent parole. o Convictions for driving under the influence. o An arrest for writing a bad check. o Failure to file tax returns. o Failure to pay alimony and child support. o Evidence concerning Schafer's efforts to change his name and social security number.
Schafer argues - These specific acts were inadmissible o Character evidence does not constitute an "essential element" of a claim or charge unless it alters the rights and liabilities of the parties under the substantive law.
Advisory Committee Examples 1. "[1] The chastity of a victim under a statute specifying her chastity as an element of the crime of seduction. 2. [2] The competency of the driver in an action for negligently entrusting a motor vehicle to an incompetent driver." 3. Fed.R.Evid. 404(a) adv. comm. note (explaining that Rule 404 does not exclude such evidence because it is not offered to prove conduct consistent with character). o In addition to these examples, a charge of defamation or libel commonly makes damage to the victim's reputation or character an essential element of the case.
Ajouelo v. Auto-Soler o It is generally held that the foundation of an action for defamation is the injury done to the reputation, that is, injury to character in the opinion of others arising from publication
Court - Schafer's arguments are unpersuasive
Court - Holding o We find no error in Time's exploration of these and other issues of character during its cross-examination of Schafer. o Time's questions regarding Schafer's work for Soldier of Fortune magazine, Time's questions fell within the scope of Federal Rules of Evidence 405(a) and 608(b). o We cannot say that the district court's decisions on these matters rose to the level of an abuse of discretion, nor can we say that Schafer suffered a "substantial prejudicial effect." |
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Rules |
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Rule 405. Methods of Proving Character o (a) Reputation or opinion. o In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by § testimony as to reputation or by § testimony in the form of an opinion. o On cross-examination, inquiry is allowable into relevant specific instances of conduct.
o (b) Specific instances of conduct. o In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct. o Criminal or Civil. o No one has to open the door first. |
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Class Notes |
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