Character Evidence in California - Evidence Code 1101
If you're on trial before a jury in California, the prosecutor must present evidence that proves beyond a reasonable doubt that you committed the crime you are charged with.
Nonetheless, there are specific rules about what evidence can and cannot be admitted.
Under California's Evidence Code 1101 EC, the prosecutor generally cannot introduce 'character evidence' to show your involvement in the current case, which helps keep the focus on relevant facts.
Additionally, witnesses who offer negative opinions about your character are not permitted to be used as evidence of guilt.
Although this protection is fundamental under California law, there are various exceptions outlined below, as well as situations in which character evidence might be used indirectly to support other aspects of the case.
Our California criminal defense lawyers will examine this idea more closely.
What Does EC 1101 Say?
According to California Evidence Code 1101 EC, with certain specific exceptions, says: "Evidence of someone's character or a trait of their character, whether in the form of an opinion, evidence of reputation, or evidence of specific instances of their conduct, is inadmissible when offered to prove their conduct on a specified occasion."
This protection mainly aims to prevent unfair influence on the jury, helping defendants feel their rights are safeguarded. While character evidence might suggest you could have committed the crime, it doesn't function as definitive proof that you did.
The phrase "could have committed" doesn't meet the "beyond a reasonable doubt" standard, so such evidence isn't sufficient in court-at least theoretically.
Acting in Accordance with Their Character
Under EC 1101, the general rule in California criminal trials is that neither the prosecution nor the defense may introduce character evidence to suggest a person's behavior on a specific occasion.
Such character evidence encompasses details about an individual's personality, tendencies, moral qualities, and their standing within the community.
The main reason for this rule banning character evidence is that it might confuse the jury. For instance, it could divert attention away from the core question of what specifically happened in the current criminal case.
Their responsibility is to decide whether the defendant committed the crime. Allowing evidence of bad character could unfairly influence them to punish the defendant solely on this basis, regardless of actual guilt or innocence.
Habit Evidence vs. Character Evidence
A key point of confusion is that habit evidence, which shows how a person generally behaves in specific situations, is different from character evidence, which is usually inadmissible.
Habit evidence refers to proof of how a person generally behaves in specific situations. In a criminal case, both the prosecution and defense may use habit evidence to demonstrate that a person acted, or was likely to act, in a certain way based on their habits.
The key distinction is that the prosecution cannot use your past actions to define your character, such as the kind of person likely to commit this crime.
However, they can refer to your habits to imply that committing the crime aligns with your usual behavior. One approach focuses on assessing your character traits, while the other concentrates solely on your behaviors.
When Is Character Evidence Acceptable in Court?
There are many exceptions to the rule that bans character evidence, especially when the prosecution shows that the character trait is directly relevant to the case, which is important for understanding legal strategies.
Specifically, prosecutors might use character evidence to demonstrate that you:
- Had a reason to commit the crime
- Had the chance to commit the crime; or
- Had a plan ready to commit the crime
- Knew a fact
For example, if you're accused of murder, the prosecution could present evidence showing you trafficked large amounts of drugs and that the victim knew about your activities.
This evidence would be admissible because it demonstrates you had a motive to kill the person without directly questioning your character.
Common Character Evidence Exceptions
- When offered by the defendant - Evidence Code 1102 EC: Under EC 1102, criminal defendants can introduce character evidence to show their behavior. If your lawyer calls witnesses to support your character, the prosecution can respond with witnesses to challenge that. Likewise, if your lawyer questions the victim's character, the prosecution can introduce character evidence against you to counter that.
- Evidence of the victim's character - Evidence Code 1103 EC: Additionally, according to EC 1103, a criminal defendant may introduce evidence regarding the alleged victim's character. If the defendant chooses to do this, the prosecution is also permitted to introduce character evidence about the victim to counter the defendant's argument.
- Attacking the credibility of a witness: The prosecution can use character evidence to show a witness's unreliability, suggesting past dishonesty if they've lied before. Both sides can challenge a witness's character by introducing past felony convictions, with some exceptions.
- Trials regarding sex crimes - Evidence Code 1108: In California, if you're charged with a sex crime, prosecutors can introduce evidence of your past sex offenses. Under Evidence Code 1108 EC, they are allowed to present such evidence regardless of whether you were convicted. This means they can use even arrests related to sex crimes, even if the charges were dismissed or not filed.
- California rape shield law: California's rape shield law prevents defendants in specific sexual crime cases from introducing evidence of the victim's past, like previous sexual activity, to show consent. However, evidence of the victim's reputation may be admitted to show that the defendant reasonably believed the victim consented.
- Trials regarding domestic violence-related crimes - Evidence Code 1109 EC: If charged with domestic violence crimes, California law allows prosecutors to present character evidence of prior abuse cases within ten years, including domestic violence, child abuse, and elder abuse. Under Evidence Code 1109, past similar crimes can be introduced, even though they are usually inadmissible as character evidence. However, evidence of abuse older than ten years requires a judge's approval.
Why You Need a Criminal Defense Lawyer
In California, the hearsay rule generally prohibits the use of hearsay evidence in criminal trials, with certain exceptions. Hearsay refers to a statement made outside of court that is presented to prove the truth of what it states, and it is not admissible when offered by a witness while testifying.
Additionally, some evidentiary rules exist to protect specific individuals from being compelled to testify against certain defendants, such as the privilege that married couples have not to testify against each other.
If a rule of evidence was broken during your criminal trial, it is your criminal attorney's duty to object. If the judge overrules the objection, you may have grounds to appeal your conviction.
Cron, Israels & Stark is based in Los Angeles County and provides services to clients throughout Southern California. Reach out to us for a case review.
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