How Character Evidence Can Affect Your Criminal Case

The Rules of Evidence dictate what evidence the jury can and cannot consider and can play a key role in the outcome of a criminal case. Judges enjoy considerable discretion in applying the Rules of Evidence and deciding whether to allow or exclude evidence.

Character evidence can be particularly important in a criminal trial. It can help the judge and jury evaluate a defendant’s credibility, intentions, and behavior patterns. For example, evidence about a person’s reputation for honesty or peacefulness might support a claim of innocence or self-defense, while evidence of dishonesty could undermine a witness’s testimony.

While courts generally prohibit using a person’s prior actions to suggest they acted the same way during an alleged crime, certain exceptions may apply. Here, we explain the rules that govern the admissibility of character evidence and how character evidence could affect your case if you were charged with a crime.

What Is Character Evidence?

“Character evidence” refers to information presented in a trial to show what kind of person we believe a person to be and whether they acted in conformity with that character trait at the time of the events in question.

In most cases, character evidence is not admissible to show that a person acted in conformity with a particular trait or character attribute. However, there are exceptions to this general rule.

Why Is Character Evidence Generally Not Admissible?

Over centuries of common law, courts developed a prohibition against allowing evidence of a person’s character. This prohibition was intended to prevent judges and juries from being influenced to find for or against a defendant because of a perception they are a good or bad person.

However, courts have found that in certain circumstances, the introduction of character evidence can be more beneficial than prejudicial and have identified specific exceptions when character evidence is admissible.

When Is Character Evidence Admissible in Utah?

Utah has adopted Evidence Rule 404, which prohibits the introduction of character evidence except in the following situations.

1. A criminal defendant can offer evidence of their own character traits, which are then subject to rebuttal by the prosecutor.
2. A defendant can offer evidence of the character traits of a victim, which the prosecutor can then challenge.
3. In cases involving allegations of homicide where the defendant claims the victim provoked the defendant into attacking, the prosecutor can offer rebuttal evidence of the victim’s reputation for peacefulness.

Are Prior Convictions Admissible as Character Evidence?

Evidence Rule 404(b)(1) prohibits the introduction of evidence of a “crime, wrong, or other act” to show that on a particular occasion a person acted in conformity with their character. In other words, a defendant should not be punished solely because they did something wrong in the past.

However, evidence of a prior “crime, wrong, or other act” can be introduced to attempt to prove any of the following:

• Absence of Mistake
• Identity
• Intent
• Knowledge
• Lack of Accident
• Motive
• Opportunity
• Plan
• Preparation

This means a defendant’s prior criminal convictions can affect how the current charges are evaluated.

How Is Character Evidence Introduced Against a Defendant?

Because introducing character evidence involves calling witnesses to testify about how good or bad a person is, this testimony can muddy the waters and could prejudice the jury against a witness. For these reasons, the rule allowing the introduction of character evidence is narrowly tailored to only allow specific character evidence that is generally only presented by the defendant in a criminal case.

When evidence of a defendant’s character is to be presented, it is accomplished under Rule 405, which allows for the introduction of character evidence in one of the following ways:

1. By Reputation or Opinion. When admissible, character evidence can be shown by presenting “testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow inquiry into specific instances of the person’s conduct.”
2. By Specific Instances of Conduct. If the defendant has a trait that “is an essential element of a charge, claim, or defense, the character trait may also be proved by relevant specific instances of the person’s conduct.”

Using Character Evidence Against a Witness

While character evidence is generally not admissible against a defendant, an attorney can call a character witness to attack the credibility of another witness. This is referred to as "impeachment" and is a tool lawyers use to demonstrate a witness's lack of credibility, either due to dishonesty, misrepresentation, or otherwise providing testimony that should not be given much weight.

Contact Douglas D. Terry & Associates for Aggressive Criminal Defense

The criminal defense attorneys at Douglas D. Terry & Associates have decades of experience representing people charged with crimes throughout Southern Utah. To learn more, contact us today by calling (435) 628-4411, emailing email@SouthernUtahDefense.com, or completing our online form.