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Bad character evidence is evidence of, or a disposition towards misconduct; other than evidence which has to do with the alleged facts of the offence with which the defendant is charged or is evidence of misconduct in connection with the investigation or prosecution of that offence. [4]
The admissibility of character evidence to allow the defendant to prove the character trait of a victim is limited, however, if the lawsuit is for rape or assault with the intent to commit rape. If the reputation or opinion evidence is being offered by the defendant to show the rape victim's past sexual conduct, character evidence is inadmissible.
The use of character references in sexual crime cases should be reformed urgently, campaigners have told BBC News NI. Haileigh Ashton Lamont, a victim of sexual abuse who now works with survivors ...
Critics of the way the Williams Rule is often used by the prosecution say that trial courts fail to require the requisite showing of relevance to the current issues before allowing the Williams Rule evidence to be introduced. As such, these critics claim that the evidence is in fact being used to show the bad character and criminal propensity ...
Nut-picking (suppressed evidence, incomplete evidence) – using individual cases or data that falsify a particular position, while ignoring related cases or data that may support that position. Survivorship bias – a small number of successes of a given process are actively promoted while completely ignoring a large number of failures.
The common law in respect of good and bad character, reputation or family tradition is also preserved. [15] The Act moves some of the focus of hearsay evidence to weight, rather than admissibility, setting out considerations in assessing the evidence (set out in summary form): [16]
Bad character evidence is defined under section 98 [39] as evidence of, or a disposition towards, misconduct on his part, other than evidence which - (a) has to do with the alleged facts of the offence with which the defendant is charged, or (b) is evidence of misconduct in connection with the investigation or prosecution of that offence.
For the purposes of most criminal prosecutions, common law systems have rules about what kinds of evidence can be considered and about how it must be presented, such as the USA Federal Rules of Evidence or the Indian Evidence Act. These rules often disallow, for example, hearsay evidence or bad character evidence. It is generally these rules ...