Section 11.5 Offer by Defendant

• Library: Evidence 2017

1. (§11.5) Offer by Defendant

In a criminal case, the defendant may offer evidence of a pertinent good character trait that makes it less likely that the defendant committed the offense charged. See Frederick v. State, 754 S.W.2d 934, 935 (Mo. App. E.D. 1988); State v. McQuerry, 730 S.W.2d 617 (Mo. App. S.D. 1987). Typically, when the defendant decides to inject character evidence into the trial, the defendant calls a witness to testify that the witness is familiar with the defendant’s character in the community as a law-abiding citizen or as a peaceful person. This type of evidence must relate to the defendant’s character at the time of or within a reasonable period before the commission of the offense charged. See State v. Jackson, 373 S.W.2d 4, 7–8 (Mo. 1963) (erroneous to allow witness to testify about reputation of defendant acquired several months after the shooting at issue); see also State v. Mahaffey, 676 S.W.2d 20, 24 (Mo. App. S.D. 1984) (court recognized that character and reputation can change over time and, therefore, court has discretion to limit testimony that does not address the relevant time frame). Moreover, the trial court has discretion to limit the number of character witnesses that can be called on behalf of the defendant. See State v. Demaree, 362 S.W.2d 500, 505–06 (Mo. banc 1962) (court must balance interests of allowing defendant a fair trial and avoiding duplicative, cumulative evidence as to defendant’s character); State v. Johnson, 721 S.W.2d 23, 25–27 (Mo. App. E.D. 1986) (court did not err in limiting defendant to three character witnesses even though others were available to testify).

Logically, after the defendant has offered this character evidence, the prosecution is entitled to impeach the character witness, or call another witness to testify...