Character Evidence is any form of testimony that is used to establish the characteristics of an individual in a legal case. This type of evidence is often provided by witnesses who have known the individual in question for a significant period of time, and can include both direct and circumstantial evidence. Character Evidence can include statements made by the defendant, as well as physical evidence such as photographs, video recordings, and documents. It may also include evidence of the defendant’s reputation in the community, or evidence that shows the defendant’s habits or character traits relevant to the case. There are two main types of Character Evidence: propensity and specific acts. Propensity evidence is used to show that the defendant has a propensity for committing certain types of crimes or acts, while specific acts evidence is used to show that the defendant has actually committed a specific crime or act in the past.
Character Evidence
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FAQ
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.
The general rule: CHARACTER EVIDENCE IS NOT ADMISSIBLE. More particularly, character evidence is generally not admissible when offered for the purposes of proving conduct in conformity with the character trait 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.
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 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).
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.