Kansas Jury Instruction - Character Evidence
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How to fill out Jury Instruction - Character Evidence?
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In most jurisdictions today, the circumstantial use of character is rejected but with important exceptions: (1) an accused may introduce pertinent evidence of good character (often misleadingly described as ?putting his character in issue?), in which event the prosecution may rebut with evidence of bad character; (2) ...
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
In that case, California law allows prosecutors to introduce character evidence of prior instances of abuse, provided they occurred less than ten years before the crime for which you're on trial, including: Domestic violence offenses, Child abuse offenses, Elder abuse offenses.
The Admissibility of Character Evidence The general rule in criminal law is that evidence of the character of a defendant is inadmissible unless the defendant raises it. The prosecutor cannot use character evidence to show that the defendant acted in a certain way on a specific occasion (like the time of the crime).
(5) Direct use: Reputation, opinion, and specific instances of conduct evidence are all admissible where character trait is an essential element of a charge, claim, or defense.
The accused may offer evidence of a pertinent trait of character of the victim that is material to the crime. After the accused places the victim's character in issue, the prosecutor may offer rebuttal evidence on that same trait. The state may rebut only as to the victim's character, not the defendant's.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Propensity evidence is evidence of one crime that is used to show the defendant is more likely to have committed another crime. For example, the prosecution could use evidence of another act of domestic violence to help prove that the defendant committed the current crime of domestic violence.
