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4.4 Character of Defendant

Category:
Federal - Jury Instructions - 9th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-9THCIR-4-4-CR
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Rich Text
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
4.4 Character of Defendant is the legal concept used to refer to the personal characteristics of an accused person that are relevant to the crime they are charged with. It is a way for the court to assess the moral culpability of a defendant and weigh up the balance between mitigation and aggravation to determine a sentence. Character of defendant can include factors such as prior criminal history, physical or mental health, and the potential to reform or reoffend. There are two types of character of defendant: favorable and unfavorable. Favorable character of defendant includes factors like good moral character, lack of prior criminal record, and successful rehabilitation efforts. Unfavorable character of defendant includes factors such as a history of criminal activity, a tendency to reoffend, and a lack of remorse.

4.4 Character of Defendant is the legal concept used to refer to the personal characteristics of an accused person that are relevant to the crime they are charged with. It is a way for the court to assess the moral culpability of a defendant and weigh up the balance between mitigation and aggravation to determine a sentence. Character of defendant can include factors such as prior criminal history, physical or mental health, and the potential to reform or reoffend. There are two types of character of defendant: favorable and unfavorable. Favorable character of defendant includes factors like good moral character, lack of prior criminal record, and successful rehabilitation efforts. Unfavorable character of defendant includes factors such as a history of criminal activity, a tendency to reoffend, and a lack of remorse.

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FAQ

Defendant: a person who has been formally charged with committing a crime; the person accused of a crime.

Character of the accused. Defendants in criminal cases may offer evidence of their own good character to negate a charge of criminal conduct. They may offer evidence of their general law- abidingness or may prove good character for specific traits relevant to the conduct for which they are accused.

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. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.

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.

Character of the accused. Defendants in criminal cases may offer evidence of their own good character to negate a charge of criminal conduct. They may offer evidence of their general law- abidingness or may prove good character for specific traits relevant to the conduct for which they are accused.

Methods of proving character. (a) Reputation or opinion. ? 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.

Character is a combination of the peculiar qualities impressed by nature or by habit of the person, which distinguish him from others. Character means the collective qualities or characteristics especially mental and moral, that distinguish a person or thing.

Character evidence of the accused consists of any evidence that relates to the accused's conduct or reputation outside of the period of the alleged offence in order to make the inference that during the time of the alleged offence the accused had acted in conformity with that conduct or reputation.

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More info

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?

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