Michelson v. United States

In 1947 petitioner Michelson was convicted of bribing a federal revenue agent. The Government proved a large payment by accused to the agent for the purpose of influencing his official action. The defendant, as a witness on his own behalf, admitted passing the money but claimed it was done in response to the agent's demands, threats, solicitations, and inducements that amounted to entrapment. The determination of the issue turned on whether the jury believed the agent or the accused. Michelson introduced evidence of his own good character through witness testimony. The prosecution responded by asking the character witnesses whether they had heard of Michelson's previous conviction twenty years earlier for receiving stolen goods. The Court overruled Michelson's objection and Michelson was found guilty.

When a defendant introduces character evidence through witness testimony, the prosecution may question those witnesses regarding the prior bad acts of the defendant.

Character and Habit | Character as Circumstantial Evidence