Indiana Jury Instruction - Character Evidence
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How to fill out Indiana Jury Instruction - Character Evidence?
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FAQ
Under FRE 405, admissible character evidence includes: Testimony about the person's reputation (e.g., co-workers) Testimony in the form of an opinion (e.g., neighbors) Evidence of specific acts on cross-examination of a character witness.
Character evidence is not admissible to prove conduct in civil cases. For example, a defendant cannot offer the testimony of friends (or her own testimony) that she is usually a very careful driver as circumstantial evidence she was probably driving carefully and not negligently on the day of an accident.
Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Evid. Code, § 780(h)) The inconsistency need not be a complete contradiction.
When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
?evidence of someone's character or a trait of their character, whether in the form of an opinion, evidence of reputation, or evidence of specific instances of their conduct, is inadmissible when offered to prove their conduct on a specified occasion.?
Evidence of a defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both: propensity?the defendant is unlikely to have committed the offence with which they are accused. credibility?the defendant is more truthful than someone without such good character.
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. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
This means that Bad Character is evidence of: Convictions or cautions; and/or. other 'reprehensible' behaviour; and. which in either case do not specifically relate to the facts of the offence being tried at court, or to the investigation or prosecution of that offence.