Character evidence is a type of evidence presented in a court of law that is used to prove the character of a person involved in a case. Character evidence can be either direct or indirect. Direct character evidence is actual testimony from witnesses or other people, such as character witnesses, that states the character of the person involved in the case. Indirect character evidence is circumstantial and relies on the opinion of the court or jury to determine the character of the person. Types of character evidence include: reputation evidence, which is testimony that a person has a particular reputation in the community; opinion evidence, which is the opinion of a witness about the character of another person; and specific acts evidence, which is evidence of particular acts that a person has done in the past that can be used to infer their character.
Character Evidence
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FAQ
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.
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).
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.
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.
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.