California Jury Instruction - Character Evidence
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FAQ
When character evidence is admissible, Rule 405 says that ?it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.? It may not proved through evidence of specific events that illustrate the character trait in action.
Under common law, the defendant is allowed to call character witnesses to testify for his or her character. Character witnesses can only testify for the defendant by introducing testimony about the defendant's reputation or by relevant instances of the defendant's conduct.
Three factors typically determine the admissibility of character evidence: the purpose for which the character evidence is being used. the form in which the character evidence is offered. the type of proceeding (civil or criminal) in which the character evidence is offered.
If your team is objecting to the evidence, they should identify a specific character trait and tell the judge that the evidence is being offered to show that the person acted in ance with that trait. For example: This is evidence of a prior action taken by Mr.
Character Evidence in California - Evidence Code 1101 EC ing to California Evidence Code 1101 EC, the prosecutor generally may not give ?character evidence? against you. This means the prosecution isn't allowed to use your past bad actions or crimes as proof that you committed this particular crime.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
In criminal proceedings the fact that the person accused is of a good character is relevant. 54. In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.