Character evidence rules and victim protection in criminal trials

Defendants and Victims

A crime resulting in the death or severe injury to the victim can have a profound impact on a spouse, children, co-workers, Christian brothers and sisters, and the community. Some contend that the focus is too often on the troubled past of the defendant and not the devastating impact on the victim in such cases. The objective of this study is to assume that the writer is on a committee that will limit the information that may be presented at trial regarding the defendant's past and the impact of the victim's injuries/death. Two rules will be proposed, one dealing with the defendant with one dealing with the victim. A scriptural and scholarly basis for each will be provided.

Character Evidence

According to Rule 404,. Character Evidence, Crimes, or Other Acts published in the Federal Rules of Evidence and reported by the Legal Information Institute it is prohibited to utilize evidence of a person's character or character traits in attempting to prove that on a specific occasion the individual acted according to that specific character or character trait. There are exceptions for a defendant or victim in a criminal case including:

(1) The defendant is permitted to offer evidence on the defendant's trait with the admitted evidence being such that may be rebutted by the prosecutor.

(2) In alignment with Rule 412 limitations, the defendant is permitted to offer evidence of the right of the alleged victim and upon admission of the evidence, the prosecutor may choose to rebut the evidence.

(3) In the situation of a homicide case, the prosecutor is permitted to offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the first aggressor was the victim. (Legal Information Institute, 2013, p.1)

III. Review of Principles

The victim is prohibited from telling things about the defendant that serve no other purpose than smearing their character. For example, if the defendant grew up poor in a home with alcoholic parents who did not work and provide for the family, the victim would be prohibited from presenting this information in a court of law. However, the Defendant, if they are a Sunday school teacher and a youth baseball coach could most certainly present this information in an attempt to show good character to the jury or to the judge in the courtroom setting during a trial hearing.