What Is Character Evidence?

Character evidence refers to testimony or documentation that aims to show a person's character traits, usually in the context of proving or disproving their likelihood of acting in a certain manner based on their character.

In legal proceedings, the admissibility of character evidence is highly regulated, as it can unfairly prejudice the jury or distract from the facts of the case. Generally, character evidence is not admissible to prove that on a particular occasion, the person acted in conformity with their character or a particular character trait.

Character Evidence Explained

The rules governing the use of character evidence vary between civil and criminal cases and among jurisdictions, but certain principles are widely recognized:

Criminal Law: In criminal trials, character evidence is usually not admissible to suggest that the defendant committed a crime because they have a particular character trait. However, there are exceptions, such as when the defendant introduces evidence of their own good character as part of their defense, or in cases where the character of the victim is relevant to the defense's argument.

Civil Cases: In civil litigation, character evidence is generally inadmissible when offered to prove that someone acted in accordance with their character on a specific occasion. However, in cases where a person's character is directly at issue, such as defamation lawsuits, character evidence can be critical.

The use of character evidence is often subject to the judge's discretion, especially regarding its relevance and potential for causing unfair prejudice.

The Term Character Evidence in Different Legal Contexts

Ethics Investigations and Disciplinary Hearings: Character evidence may be relevant in proceedings that focus on an individual's professional conduct or fitness to practice in a certain profession.

Employment Law: Character references are a form of character evidence commonly used in hiring processes to attest to an applicant's suitability for a position.

Family Law: In custody disputes, character evidence regarding the parents' fitness and character may be considered in determining the best interests of the child.

Common Misconceptions About the Meaning of Character Evidence

Always Prohibited in Court: A widespread misconception is that character evidence is always inadmissible in court. While its use is limited and regulated, there are specific circumstances under which character evidence is both relevant and admissible.

Only Pertains to Negative Traits: Character evidence can relate to both positive and negative character traits. Defendants in criminal cases, for instance, might introduce evidence of a positive character trait to support their defense.

Solely Based on Testimony: While testimonial evidence is common, character evidence can also come from documents, records, or other sources that reveal a person's character or reputation within a community.

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