Explain when character can be admitted at a criminal trial by the defense? By the prosecution? When can evidence be introduced about the victim's character?

Question

What will be an ideal response?

Answer 1

The basic rule is that the defendant's character is not admissible in criminal trials unless the defense introduces the topic. One defense tactic is to convince the jury that the defendant did not commit the crime because it is out of character. This is done by calling "character witnesses" during the defense case-in-chief who testify about the defendant's good reputation. The prosecution can cross examine these witnesses and attempt to show the jury that they lack credibility. Once the defense has placed character in issue, the prosecution can call its own witnesses and try to establish that the defendant does not have a good character. This would be done during rebuttal. These witnesses can be cross examined by the defense.
In some situations specific aspects of the defendant's character are relevant to the crime charged. When this occurs, the prosecution can call "character witnesses" as part of its case-in-chief. If the prosecutor does so, the defense can cross examine the witnesses; it can also call its own character witnesses during the defense case-in-chief. For example, if the defendant is charged with aggravated assault because he started a bar fight that resulted in serious injuries, the defendant's reputation as a violent bully is relevant. The prosecutor is most likely to do this if the defense claims the defendant reluctantly used force in self-defense.
Sometimes the victim's character is relevant. If so, either side can call "character witnesses.". The most common situation that raises the victim's character is when the defendant claims to have acted in self-defense. A reasonable belief that the level of force used was necessary converts a murder into justifiable homicide. Reputation plays into this equation if the defendant knew that the victim had a reputation for being a violent aggressor. This knowledge would affect the defendant's interpretation of the victim's actions. In such as situation the defense would call "character witnesses" to testify about the victim's prior violence. The defense would also need to show that the defendant was aware of the victim's reputation before the incident in question.