Can a Georgia Prosecutor Use Character Evidence Against a Criminal Defendant?

Georgia laws include specific provisions about use of character evidence against a defendant in a criminal case. Generally, character evidence cannot be used against a defendant, but there are exceptions that make the issue of admissibility complex. Evidentiary rules and restrictions are one of the important reasons that representation by an experienced criminal defense lawyer is crucial if you are charged with a crime in Georgia.

Relevant Statutory Provisions

In prosecuting a criminal charge, a state prosecutor must prove every element of the crime charged beyond a reasonable doubt. It is not sufficient to show that a defendant previously committed similar acts or has a propensity for a certain type of conduct. The evidentiary proof must relate to the actual circumstances of the crime that is charged.

Georgia statutes include a specific provision relating to admission of character evidence to prove specific conduct. Georgia Code Section 24-4-404 begins by stating that character evidence generally is not permitted: “(a) Evidence of a person's character or a trait of character shall not be admissible for the purpose of proving action in conformity therewith on a particular occasion,” with specific exceptions set forth in the statute as follows:

(1) Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under paragraph (2) of this subsection, evidence of the same trait of character of the accused offered by the prosecution;

(2) Subject to the limitations imposed by Code Section 24-4-412 [relating to complainant’s past sexual behavior in prosecutions for certain sexual offenses], evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused or by the prosecution to rebut the same; or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor; or

(3) Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6-608, and 24-6-609.

In other words, the statute permits the prosecution to rebut (impeach) a defendant’s assertion about a character trait if the defendant first offers evidence of the specific character trait as part of the defense. For example, in a case where the defendant made a seemingly innocuous statement to the trial judge about being a law-abiding citizen, the Georgia Court of Appeals held that the defendant’s statement to the judge opened the door for the prosecution to introduce evidence about prior statements made by the defendant, in which he seemingly admitted guilt to illegal acts.

Section 24-4-404(b) of the statute goes on to state:

Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.

This subsection allows the prosecution to use evidence of other crimes, wrongs, or acts as proof of “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” The statute requires the prosecution to give the defendant notice in certain circumstances.

Application of the Statutory Provisions

In a specific criminal case, the prosecutor may try to use these provisions to introduce evidence about the defendant’s prior statements or conduct. If that occurs, defense counsel must vigorously argue that the terms of the statute do not allow the evidence. Fighting inappropriate evidence is one of the most important aspects of a criminal defense lawyer’s role.

In addition to the statutory sections explained above, Georgia has other laws that apply to using character evidence in court, particularly relating to witnesses in a trial and to character evidence in sexual offense cases in particular.

Talk with an Experienced Georgia Criminal Defense Lawyer

Our criminal defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants facing criminal charges in northwest Georgia. If you need legal representation, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.