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In criminal cases, the so-called "mercy rule" permits a criminal defendant to introduce evidence of pertinent character traits of the defendant and the victim. Refusal to consider the personal characteristics of the defendant in imposing sentence may raise serious constitutional questions.When the defense chooses to prove the accused's good character, for example, it may do so through evidence of general reputation. This is for legal educational purposes only, not legal advice. This Evidence Law Capsule introduces the concept of Character Evidence. (As noted in State v. All witnesses, including the defendant and victim, place their character for truthfulness (whether they tend to be truthful or untruthful) in issue when they. 27 Instructions to Be Taken As a Whole. 2 Character of the Criminal Defendant 163. Is there enough evidence against the defendant?