How Does Character Evidence Influence Assault Case Outcomes?

Character evidence can have a significant influence on assault case outcomes as well as the outcomes of other criminal (and civil) cases. The main reasons for this are twofold: our humanity and the Halo Effect. In today’s blog we are going to examine briefly how character evidence influences assault case outcomes.

Our Humanity

Judges and juries are human. So, even though they are supposed to follow the letter of the law, sometimes, they do not, and sometimes their decisions are coloured by their own biases and feelings on any given day.

Lawyers never think a case is a slam dunk. Because you never know what the decision will be no matter how strong your case is. We are all human. We have laws that govern criminal law proceedings, but case decisions are unpredictable.

The Halo Effect

The Halo Effect is a principle in psychology that how you feel about something or someone tends to colour how you feel about the bigger picture related to that something or someone. For example, if a jury gets a good impression of a defendant because of his or her dress or manner, they tend to think positively of that defendant overall throughout the case.

The Crown and the Defence

So, it must be obvious that both the prosecution and the defence try to use both of these concepts to their advantage when trying a case—such as assault. The Crown will try to make the accused look bad based on whatever evidence they can get admitted into the proceedings, because this can influence the final verdict and things like penalties.

Not everything desired to put in front of a judge or jury is admissible, but the defence will do their best to do the opposite, to make the accused “look” as good as possible. By making the accused look respectable, honest, and unjustly accused, the defence can influence the outcome of the case, everything else aside.

Character and character evidence is very important in criminal proceedings, and both sides will attempt to use this to their advantage. This type of evidence can affect everything from bail conditions, to the decision of guilt or innocence, whether a case proceeds to trial, and penalties. Your lawyer understands this.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.