Evidence Of Character

EVIDENCE OF CHARACTER

1.0 EVIDENCE OF CHARACTER:

Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. The logical function of character evidence may be shown by the following illustration.

If a man is accused of stealing, his reputation as a thief logically weighs heavily against him. There is a strong tendency, however, that character evidence will produce a dislike or hatred for the party against whom the evidence is tendered which may result in an adverse finding to vindicate the judges feeling and in disregard of culpability.

Under the Nigerian law, the word character has no single, well defined, technical and all encompassing meaning. Sometimes it means actual character, disposition, what a person is, and sometimes it means reputed character, reputation, community opinion as to character, what a person is supposed to be. When used in the sense of nature or disposition, sometimes it means the entire character, the "sum of the inherited and acquired ethical traits which gave to a man his individuality," as when we speak of good or bad character generally; and sometimes it means a single trait of character, as when we speak of a person's honesty, chastity, or veracity. Sometimes it has reference to moral traits or qualities and sometimes not.

It is probably true, however, that in law, as in common speech, the word character usually means moral character, and actual character, as distinguished from reputation; though from the fact that reputation is in law the chief means of proving character, the words character and reputation are frequently but improperly used as if they were synonymous.

EVIDENCE OF CHARACTER

1.0 EVIDENCE OF CHARACTER:

Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. The logical function of character evidence may be shown by the following illustration.

If a man is accused of stealing, his reputation as a thief logically weighs heavily against him. There is a strong tendency, however, that character evidence will produce a dislike or hatred for the party against whom the evidence is tendered which may result in an adverse finding to vindicate the judges feeling and in disregard of culpability.

Under the Nigerian law, the word character has no single, well defined, technical and all encompassing meaning. Sometimes it means actual character, disposition, what a person is, and sometimes it means reputed character, reputation, community opinion as to character, what a person is supposed to be. When used in the sense of nature or disposition, sometimes it means the entire character, the "sum of the inherited and acquired ethical traits which gave to a man his individuality," as when we speak of good or bad character generally; and sometimes it means a single trait of character, as when we speak of a person's honesty, chastity, or veracity. Sometimes it has reference to moral traits or qualities and sometimes not.

It is probably true, however, that in law, as in common speech, the word character usually means moral character, and actual character, as distinguished from reputation; though from the fact that reputation is in law the chief means of proving character, the words character and reputation are frequently but improperly used as if they were synonymous.