Jury Instruction - Character Evidence

State:
Multi-State
Control #:
US-11CRS-11
Format:
Word; 
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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact.

Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person.the purpose the character evidence is being used for.

Character evidence is admissible in a criminal trial if offered by a defendant as circumstantial evidencethrough reputation or opinion evidenceto show their own character, as long as the character evidence the defendant seeks to introduce is relevant to the crime with which the defendant is charged.

Defendants can offer evidence of their good character, but not without risk.Rather, it's admissible to show that the defendant is unlikely to have committed the alleged crime(s). For example, if the defendant is charged with embezzlement, she can offer evidence that she is honest and law-abiding.

Character evidence is admissible in a criminal trial if offered by a defendant as circumstantial evidencethrough reputation or opinion evidenceto show their own character, as long as the character evidence the defendant seeks to introduce is relevant to the crime with which the defendant is charged.

Character means the collective qualities or characteristics especially mental and moral that distinguishes a person or thing. Character is the estimation of a person by his community. The general rule is that character evidence is inadmissible.

Habit evidence is admissible for the purpose of proving how someone would act or react in a particular situation at issue.Character evidence is the evidence which is proved by the defendant's previous bad habits. It may also be based on the opinion of a witness and the reputation in the community.

Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.

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Jury Instruction - Character Evidence