On The Character Evidence In Criminal Proceedings

In the Trial of the Century--Simpson kills a wife case , because of thedefense attorney successfully expose the various inferior characters of the trump card witness Ronald Goldman, such as like telling lies, fabricating proofs and racial discrimination to the jury at present, so his character was oppugned seriously , the court affirms the testimony of the Goldman to lose its proof effect, which making thus the main proofs of charge can't establish and Simpson was released innocently. This case caused me to consider the character evidence of the criminal litigationCharacter evidence is referring to the evidence of proving somebody' s characters and one of his character. Character evidence has the relativity to the case fact in a certain degree. Character evidence has very important signification in the conviction and the confirming of the punishment In common law nations, but it also has some problems, such as the misleading of the jury, the cause of miscarriage of justice, the indulging of criminals, the trespassing on the private of the litigation participants etc.Character evidence has a very important effect in the evidence theory of common law nations; some nations have formed quite mature theories. But it has less regulation in civil law nations because of the different law culture, law logic, procedural principles between civil law nations and common law nations.Although the unsystematic regulation of character evidence in the legislation of our country, in the judicatory practices there always use the character evidence in spy phase, censor prosecution phase, trial phase and execution phase. Because of the lack of the character evidence rules which make the status and character of character evidence unambiguous that cause the confusion of the judicial practice. In order to add brick and tiles to the construction of criminal monocracy in our country, we need to construct character evidence rules in our country.