Character evidence

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Evidence
Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
Demonstrative evidence
Hearsay: in U.K. law · in U.S. law
Relevance
Burden of proof
Laying a foundation
Subsequent remedial measure
Character evidence · Habit evidence
Similar fact evidence
Authentication
Chain of custody
Judicial notice · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence · Privilege
Direct examination · Cross-examination
Impeachment · Recorded recollection
Expert witness · Dead man statute
Hearsay (and its exceptions)
Excited utterance · Dying declaration
Party admission · Ancient document
Declarations against interest
Present sense impression · Res gestae
Learned treatise  · Implied assertion
Other areas of the common law
Contract law · Tort law · Property law
Wills and Trusts · Criminal law


Character evidence is a term used in the law of evidence in the United States and Canada 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. There are three ways that such evidence might be presented in a court of law:

  1. Testimony as to prior bad acts by the individual
  2. Witness's own opinion as to the character of the individual
  3. Testimony as to the reputation of the individual.

[edit] Civil trials

Character evidence is generally inadmissible in civil suits, because it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. However, there are specific instances in which this kind of evidence is admissible. In particular, when an individual claims to have good character (particularly when a witness claims to be honest or peaceful), the opposing side can rebut this claim by introducing character evidence against that individual.

Character evidence may be admitted where the character of the party is an element of the claim—for example, in a defamation claim where party A sues party B because B said that A is dishonest. In such a claim, B can introduce evidence that A has a reputation as a dishonest person.

[edit] Criminal trials

In criminal trials, the defendant may always introduce opinion evidence or reputation evidence to prove that they did not commit the crime of which they are accused. However, if a criminal defendant does introduce such evidence, the prosecution may then counter this with evidence of the defendant's bad character. The defendant cannot introduce evidence of specific good acts to show that he did not commit a bad act.

When someone other than the defendant testifies as to the defendant's good character, the prosecution may ask if the witness was aware of specific bad acts done by the defendant. This is permissible because the question is not asked to prove the defendant's character, but simply to impeach the credibility of the witness.

Another exception arises in criminal trials where the defendant introduces evidence of the character of the victim of the crime, in order to show that the defendant acted in self defense. For example, if the defendant is on trial for battery of the victim, the defendant can introduce evidence that the victim has a reputation for violence, or that a witness has the opinion that the victim is a violent person, in order to show that the defendant actually acted in self defense. The prosecution may counter this by introducing similar evidence of the victim's peaceful nature, or by introducing similar evidence of the defendant's violent nature.

[edit] Distinguished from habit evidence

Character evidence must be distinguished from habit evidence, which describes conduct that an individual engages in as a matter of course, without giving it any thought.