§ 1-14 Character Evidence—good Reputation

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2023 Ed.)

§ 1-14 Character Evidence—Good Reputation

An accused, when charged with a crime, has the right of proving his general good character. He may introduce evidence of his good character which is inconsistent with the crime charged against him. Evidence of the general good character of the accused is for the purpose of showing the improbability that the defendant would have committed the crime charged. The good character of the accused is like all other evidence in the case and is entitled to such effect and weight as you, the jury, may determine. You should consider such evidence along with all the other evidence presented in determining whether the State has met its burden of proof.

? Rule 404(a)(1), SCRE; State v. Braxton, 343 S.C. 629, 635 n.1, 541 S.E.2d 833,836 n.1 (2001) ("Rule 404(a)(1), SCRE . . . allows character trait evidence if offered by the accused . . . ."); State v. Council, 335 S.C. 1, 12 fn. 6, 515 S.E.2d 508, 514 n.6 (1999) ("An accused must introduce evidence of his character at trial before the prosecution can attack it. See Rule 404(a), SCRE. Here, because appellant never testified or offered other evidence of his good character, his character was never an issue."); State v. Major, 301 S.C. 181, 185, 391 S.E.2d 235, 238 (1990) ("When the accused offers evidence of his good character regarding specific character traits relevant to the crime charged, the solicitor has the right to cross-examine him as to particular bad acts or conduct. The State is restricted, however, to showing bad character only for the traits initially focused on by the accused.") (citations omitted); State v. Lyles, 210 S.C. 87, 41 S.E.2d 625 (1947) (finding the good reputation of the accused, if proved, may be taken into consideration by the jury in determining whether or not he committed the crime charged); State v. Hill, 129 S.C. 166, 170, 123 S.E. 817, 818 (1924) ("Evidence of the defendant's good reputation for peace and good order is strongly persuasive of his good character in that respect, and is offered for the very purpose stated by the circuit judge, to show the improbability that the defendant would have committed or did commit the crime charged.");

IMPORTANT NOTE: The South Carolina Supreme Court has determined "good character alone" language constitutes an unconstitutional comment on the facts and should not be included in a trial judge's jury instructions.

? Pantovich v. State, 427 S.C. 555, 832 S.E.2d 596 (2019):

The law in effect during the relevant

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