Washington Jury Instruction - Character Evidence
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How to fill out Jury Instruction - Character Evidence?
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FAQ
When character evidence is admissible, Rule 405 says that ?it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.? It may not proved through evidence of specific events that illustrate the character trait in action.
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.
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.
Under common law, the defendant is allowed to call character witnesses to testify for his or her character. Character witnesses can only testify for the defendant by introducing testimony about the defendant's reputation or by relevant instances of the defendant's conduct.
Example of Character Witness Testimony Bates calls to the stand a close friend to testify, "In my opinion, Bates is a nonviolent person who wouldn't hurt a fly." This kind of character evidence would be allowed because it suggests Bates has a tendency to be peaceful, making it less likely that he assaulted Fell.
What is Good Character? If a defendant on trial is a person of good character, they will want to use this to support their case, to demonstrate that they are a person who should be believed and a person who would be less likely to involve themselves in criminal conduct.