Is evidence of a victim's character admissible in a criminal trial?

California, United States of America


The following excerpt is from People v. Salazar, H041724, H042227 (Cal. App. 2018):

In a criminal trial, evidence of the victim's character is admissible when it is offered by the defendant to prove conduct of the victim in conformity with that character trait. (Evid. Code, 1103, subd. (a)(1).) Where evidence that the victim had a character for violence has been adduced by the defendant under Evidence Code section 1103, subdivision (a)(1), the prosecution may offer evidence of the defendant's character for violence to prove conduct of the defendant in conformity with that character trait. (Evid. Code, 1103, subd. (b).) Thus, "if . . . a defendant offers evidence to establish that the victim was a violent person, thereby inviting the jury to infer that the victim acted violently during the events in question, then the prosecution is permitted to introduce evidence demonstrating that . . . the defendant was a violent person, from which the jury might infer it was the defendant who acted violently." (People v. Fuiava (2012) 53 Cal.4th 622, 696.)

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