Legal Definitions - character evidence

Character evidence refers to information presented in court that describes a person's general personality traits, moral standing, or typical way of behaving. It's about who someone generally is, rather than what they specifically did or didn't do on a particular occasion.

In most legal proceedings, especially criminal trials, character evidence is generally not allowed. The primary reason for this restriction is to prevent juries from being unfairly swayed. Jurors might be tempted to convict or acquit someone based on whether they perceive that person as "good" or "bad" in general, rather than focusing strictly on the evidence related to the specific charges or events in question. The law aims to ensure that individuals are judged on their actions pertinent to the case, not on their overall reputation or past conduct that isn't directly relevant.

However, there are specific, limited exceptions to this general rule. For instance, in criminal cases, a defendant might choose to introduce evidence of their own good character to suggest they are unlikely to have committed the crime. If the defendant "opens the door" in this way, the prosecution may then be allowed to present evidence to challenge that claim. Similarly, a defendant might be permitted to introduce evidence about an alleged victim's character if it's relevant to a defense, such as self-defense.

• Example 1: Prosecution attempting to show a defendant's general dishonesty.

  Imagine a person is on trial for embezzlement from their company. The prosecution wants to introduce testimony from former colleagues who would state that the defendant was known for being untrustworthy and often cut corners in previous jobs, even if those instances were not criminal.

  How it illustrates: This is character evidence because it speaks to the defendant's general trait of dishonesty and untrustworthiness, rather than providing direct evidence of the specific act of embezzlement. Generally, a court would likely disallow this testimony because it could unfairly prejudice the jury, making them think the defendant is a "bad person" and therefore probably guilty of the current charge, without focusing on the actual evidence of the alleged embezzlement.

• Example 2: A defendant presenting evidence of their own peaceful nature.

  Consider a defendant accused of aggravated assault. To counter the charges, the defendant's lawyer calls several community leaders and family members to testify that the defendant is widely known as a calm, peaceful individual who avoids conflict and has never shown any aggression.

  How it illustrates: This is character evidence because it highlights the defendant's general personality trait of being peaceful. This falls under an exception where the defendant chooses to introduce evidence of their own good character to suggest they are not the type of person who would commit such a violent act. If the defense introduces this, the prosecution might then be allowed to present evidence to rebut the claim of peacefulness.

• Example 3: A defendant using the victim's aggressive character in a self-defense claim.

  In a case where a defendant is charged with battery and claims they acted in self-defense, the defense attorney seeks to introduce testimony from several witnesses who can attest that the alleged victim has a well-known reputation in the community for being hot-headed, aggressive, and frequently initiating physical altercations.

  How it illustrates: This is character evidence because it describes the alleged victim's general propensity for aggression. This is an example of an exception where the defendant might be allowed to introduce evidence of the victim's character trait (aggressiveness) if it's relevant to their defense, such as proving that the victim was likely the first aggressor, thereby supporting the defendant's claim of self-defense.