Defendant's Character Evidence is a type of evidence used by defense attorneys to prove that the defendant has a good moral character. This type of evidence is used to persuade a jury that the accused has acted in accordance with acceptable moral standards. It can include testimony from friends, family members, and other witnesses who can attest to the defendant's good character. Additionally, it may include records of the defendant's past behavior, such as school or work records, as well as letters of recommendation from others. There are two main types of Defendant's Character Evidence: reputation evidence and specific act evidence. Reputation evidence includes testimony from people who know the defendant personally, such as family, friends, or coworkers. Specific act evidence, on the other hand, includes evidence of the defendant's past behavior, such as school records or other documents that show the defendant's past actions.
Defendant's Character Evidence
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FAQ
Three factors typically determine the admissibility of character evidence: the purpose the character evidence is being used for. the form in which the character evidence is offered. the type of proceeding (civil or criminal) in which the character evidence is offered.
The Basic Rule ? 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.
A defendant is entitled to a direction on both limbs as of right when they have 'absolute good character', meaning that they have no previous convictions or cautions recorded against them and no other reprehensible conduct alleged, admitted or proven (see: R v Hunter).
There are essentially three types of evidence that show a person's character: specific acts by the person, lay opinion about the person, and the person's reputation in the community. The admissibility of these different types of character evidence depends on the theory for which the evidence is offered.
(a) Character evidence generally. ? Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (1) Character of accused.
For example, in a fraud case, the criminal defendant is may call witnesses to testify that he's an honest person. In a trial for a violent crime such as homicide, battery, or assault, he may bring witnesses to testify that he's a peaceful person. Note, though, that the character evidence still must be relevant.