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Evidence rules generally forbid prosecutors from attacking a defendant's character unless the defendant first "opens the door" by presenting evidence of good character. Bad Character Not Allowed to Show Criminal Propensity. Character evidence is barred in this situation because it is too harmful.
Apr 1, 2018 · For example, impeaching a witness by the admission of contradictory testimony does not impeach their character. In the event bad character is introduced, the witness who offered the opinion or reputation testimony may be cross-examined about specific acts that are inconsistent with the character trait testified to on direct. See People v.
Bad Character: an essential guide to propensity evidence in health and safety prosecutions The CJA 2003 introduced a sea-change in how bad character evidence was admitted in criminal proceedings. This article is a discussion on the important but difficult subject of when and how bad character evidence may
Sep 10, 2021 · Prosecution applications to adduce bad character evidence as being relevant to an important matter in issue between the prosecution and the defence and should not be made as a matter of routine...
Jan 16, 2003 · Abstract. An important rule of criminal evidence is that evidence of a defendant’s previous misconduct (evidence of bad character) is prima facie inadmissible. The usual justification for this rule is that, in most cases, such evidence is either irrelevant or likely to have an unduly prejudicial effect on the fact-finder.
- Mike Redmayne
- 2002
Oct 11, 2021 · Section 98 of the Criminal Justice Act 2003 (CJA) defines bad character as ‘evidence of, or a disposition towards misconduct…’ In plain language, ‘bad character’ means evidence of misconduct, and/or evidence of a disposition towards misconduct, and/or evidence of a reputation for misconduct.
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Jan 28, 2019 · There are two main kinds of character traits—the ones that have to do with being a morally good or bad person, and the ones that do not. Clearly honesty contributes to being a good person,...