Understanding Character Evidence in Law

1. Law of Evidence EVIDENCE OF CHARACTER 7/12/2014 Chapter 9

2. Introduction • Character refers to the qualities which distinguish a person from another, that is, the moral nature and the fame, either good or bad. • Character evidence: evidence attesting to one's character and moral standing in the community

3. Character evidence • The word “character” includes both reputation and disposition. • Reputation means the estimation which the pubic hold him. This is not based upon personal knowledge of a person. • Disposition means his nature, and this can be spoken of only by persons having personal knowledge.

4. Character evidence in civil cases • The general rule in civil cases is that the evidence of character of the parties is inadmissible in order to render probable or improbable of any fact in Issue. • Exceptions to the general rule: • Character as fact in Issue • Character which affects the quantum of damages

5. Character evidence in civil cases • The general rule in civil cases is that the evidence of character of the parties is inadmissible in order to render probable or improbable of any fact in Issue. • Exceptions to the general rule: 3. Character relevant to fact in Issue 4. Character relevant to credit

6. Character in criminal cases 1) In criminal proceedings: (cpc art.162) a) the fact that the person accused is of a good character is relevant; and b) the fact that the accused person has a bad character is irrelevant, unless: I) evidence has been given that he has a good character, in which case it becomes relevant; ii) the bad character of any person is itself a fact in issue, in which case it is always relevant. 2. A previous conviction is relevant as evidence of bad character.

7. The end Any question so far?