The accused is entitled to produce evidence of his good character. If the Judge or jury determines that the accused is of good character, it may influence their decision in concluding that the accused is not guilty of the crime. Character evidence, however, is not, standing alone, a defence to any criminal charge. It has other value. The good character of an accused may strengthen the credibility of the accused. Good character may support the unlikeliness that the accused would commit the offence charged. In a jury trial the Judge is obligated to instruct the jury that evidence of good character may be used to show that the accused is not the type of person likely to have committed the offence alleged.
Conversely, just because someone is known to be of good character does not mean that person is incapable of committing a crime. Character evidence is not available to the accused to show that he acted at the time of his alleged crime in conformity with his character traits. It is evidence of a general nature; that the accused enjoys a general reputation of good character, and his good character may convince the trier of fact that he is unlikely to have committed the crimes alleged. If the accused, for example, is charged with a violent offence, evidence as to his general reputation in the community as a peaceful, non-violent individual is relevant and admissible at trial. General evidence of good character is relevant. By ‘general evidence of good character we mean evidence of one’s general reputation in the community for character traits that are relevant to the trial. Character witnesses would be confined to answer questions like these:
Q: How long have you known John Doe?
A: twenty years.
Q: In those twenty years that you have known him, have you come to know others who also know him?
A: Yes, many others.
Q: Approximately how many other people do you know who also know John Doe?
A: Forty people.
Q: Although you are not permitted to give your opinion of him, you are permitted by law to speak of his general reputation in the community as to certain personality traits. So, not based on your own personal opinion of him, but what you have come to understand is the opinion of those forty people that you know who also know him– are you able to say what his general reputation in the community would be for the following personality characteristics:
Violence vs. Passivity? Potential answer: “John is a very peaceful non-violent man.”
Honesty vs. Dishonesty? Potential answer: “John is thought by many to be a very honest person.”
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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