Character evidence (England and Wales)
As character evidence (~, reputation evidence ') is in the law of evidence in England and Wales an evidence (law of evidence ~') is particularly referred to the criminal trial. A good character (good character) of the accused should therefore prove against his guilt, a bad character for his guilt. Even if the empirical foundation of this rule has been contested on various occasions (cf. Melbourne v R (1999)), it is nevertheless part of the recognized canon of evidence.
The good character of the accused
The best proof, at least in theory, of the defendant's good character - impartial and objective witnesses who testify to the defendant's actions in the past and make the commission of the crime appear very unlikely - is difficult to provide in practice. This is why it is regularly assumed that the defendant has shown himself generally faultless and altruistic in the past and that he has no previous convictions. Even if a lack of previous convictions cannot actually prove a good character, but only refute a bad character - and are therefore neutral - in practice they are regularly to be assessed as proof of a good character by the jury or the magistrates .
Evidence of good character can be presented in three ways:
- by a witness for the prosecution in cross-examination,
- a defense witness under oath and
- the defendant himself.
If such evidence is presented, the prosecution according to s. 101 (1) (f) Criminal Justice Act 2003 test to the contrary.
literature
- Raymond Emson : Evidence . 4th edition. Palgrave Macmillan, 2008, ISBN 978-0-230-53747-7 , Chapter 4. The Accused's Character, pp. 43-104 .
Web links
Individual evidence
- ^ Peter H. Collin: PONS specialist dictionary law . PONS, 2005, ISBN 978-3-12-517975-2 , pp. 52 .
- ^ A b Raymond Emson : Evidence . 4th edition. Palgrave Macmillan, 2008, Chapter 4. The Accused's Character, pp. 43-104 .
