The Purpose of a Character Witness
A character witness is a person who provides testimony in court about the personal traits and qualities of one of the parties in a case. This testimony is referred to as "character evidence." The witness is generally called to the stand in order to help establish the moral character of the accused or the victim, or to testify about a prior course of conduct. If the character witness is being called on behalf of the defendant, the testimony offered could help show the defendant’s conduct was justified based on his or her past reputation. Character evidence may be admissible even if the defendant does not contest any element that is sought to be proved by the testimony.
The character witness’ statements can be quite powerful, as they are given with the understanding that they may have an important impact on the outcome of the case at hand . When a character witness testifies truthfully, he or she is obligated by law to tell the truth, and cannot be punished for the content of his or her testimony, even if the character testimony has a negative effect on the party calling the witness to the stand.
A character witness may be asked to participate when the party does not have a clear alibi, and is called to provide a snapshot of the accused’s behavior that demonstrates that he or she is of good character and is therefore less likely to commit a crime. In most cases, there must be some sort of relevance for the witness to be called, as courts only permit character witnesses in cases when they have important testimony that could actually change the outcome of a case.
The Core Components of a Character Witness Letter
The character witness letter should start with the date and information on the recipient. If you are submitting the letter to the court, the address for the court will need to be filled out. If you are submitting the character letter to an attorney, simply add their mailing address. Often, the letter is drafted on letterhead, whether of the writer’s business or institution, however, this is not required.
The letter should begin with a formal, but friendly salutation:
To Whom It May Concern,
Dear Judge:
Dear (Defendant’s Name)
[Insert Name] Letter of character reference, please consider in (Case #).
The next paragraph will elaborate on . It should indicate the writer’s relationship to the defendant, how long they have known him or her, and in what capacity:
I am writing this character reference letter on behalf of my [insert your relationship, e.g., ex-husband, best friend, brother]. I have known [insert defendants name] for [insert how many years] and during this time, I have had the pleasure of knowing [him/her] both as a close [insert your relationship] and as a [friend, employer, mentor, teacher, etc].
The third paragraph should include examples of how the defendant has exhibited character and any other relevant information that would be helpful to the judge:
It is my intent to convey to you just a little of what I know about [insert defendants name] and how [his/her] values may very well be just what shelters the Courts are looking for.
[Example]
As you can see, [insert defendant’s name] is a very kind and thoughtful person. Because of all [he/she] has done for myself and others, I do feel that [he/she] should not be punished too severely for the crimes that [he/she] committed. I am certain that [he/she] has learned a valuable lesson about [his/her] actions and now understands what is right and wrong. [Insert any other fitting examples here]
The last paragraph will indicate the writer’s request to take the defendant into their home, job, care for children, etc. It also should be a request for consideration of all the positive points outlined in the previous paragraphs when determining how to sentence the defendant:
I would like to ask that you please consider this letter and all of the favorable circumstances surrounding [insert defendants name] in its entirety when passing judgment. [He/She] has learned from [his/her] errors and I am confident that [he/she] will be a positive contributor to society once these unfortunate circumstances have passed.
Tips for Drafting a Character Witness Letter
When you know a person well enough to provide a character reference, there are a few things you should keep in mind to ensure that the letter you prepare is helpful to their situation. It’s vital that you stay positive, both in tone and in content, to ensure that your letter is informative, but not overtly favorable or unhelpful.
The following tips can help you get started on the right foot with your character witness letter:
Keep it short, without being unnecessarily brief. You want to provide enough information about your relationship with the individual to instill trust in your assessment of them, but you don’t want to spend so long writing that the person who receives the letter can’t get a sense of their character. Aim for one page to explain why you know the individual, how you know them, and what you know about them that is pertinent to the case. It’s a good idea to be up front about any prior connections you might have with the case.
Write in as straightforward a manner as possible. There’s no need to be flowery – just explain what you know and what you believe about the individual in as direct a manner as possible. Avoid any types of legal jargon that could be used to trip you up, and stick to the facts so as not to appear biased.
Remember that this letter may be used in or out of court. Your letter will probably need to be shared outside of the courtroom at the risk of being subjected to cross-examination, so it’s best to draft a letter that can stand on its own so you’re less likely to face difficulty if your testimony is needed. Be careful not to provide any information in the letter that you wouldn’t want to have to explain or elaborate upon.
Don’t worry about the amount of your testimony. There’s no minimum or maximum amount of information that needs to be provided, and your job is to provide whatever you feel is important to the reader (of the court) to understand about your relationship with the individual. If you have something to say – inform the reader.
Your character witness letter can be a valuable tool in a variety of cases, but you need to ensure that you’re following best practices to keep it concise and helpful. If you stay on point and use these tips to avoid pitfalls, you can be a strong character witness on behalf of the individual in need.
Character Witness Letter and the Law
When writing a character witness letter, it is important to carefully consider how your words may be used in the case. Anything you write in your letter may be used in court or during a deposition. As with any written work, there are potential liability issues to keep in mind. For example, if you write something that is untrue, such as claiming someone was at a certain place at a certain time, and that information is proved later in court to be false, you could be held legally responsible. Always make sure to keep in mind the fact that what you are writing may be used in court to both support and discredit the person for whom you are writing the letter. It is also vital to make sure to keep in mind the subjectivity of your opinions. You may have a very specific mindset about the person for whom you are writing, and that should be made clear in the proper context. There are a number of other things to consider when writing a letter to add character to someone else’s criminal case, as these letters serve as a legal document, like a sworn testimony, of that individual’s good nature and positive deeds. Keep this in mind, and help yourself avoid legal issues that could be problematic now, or somewhere down the road.
Character Witness Letter Template
[Date]
[Court Address]
[City, State Zip]
Re: [Defendant’s First and Last Name] (Last Name Only)
[Case Number]
Dear Honorable Judge [Judge’s Last Name]:
My name is [Your Name] and I am writing this letter on behalf of [Defendant’s Name]. I have been [Your Relationship To The Defendant] for more than [X] years.
During that time , I have found [him/her] to be [Positive Adjectives] and of good character. I do not believe that [he/she] was responsible for the charges filed against [him/her].
I ask that you keep in mind the positive attributes that I have described above and consider dismissing the charges against [defendant’s name].
Thank you for taking the time to read my letter.
Sincerely,
[Your Signature]
[Your Name]
Character Witness Letter: Mistakes to Avoid
Character witness letters hold a lot of weight in the eyes of the court, but if not written carefully, they can backfire and have a negative impact on your case. You can avoid this issue by being mindful of the following common mistakes: When you’re writing your character reference letter, you don’t need to provide the court with extensive background information on the person you’re writing about. It’s best to keep the letter short and sweet—typically, you only need to contain a few paragraphs to get your point across. One of the worst things you can do when writing a character reference letter is exaggerate the facts or try to sugarcoat them. Lying about the situation or making the person sound better than they actually are will raise a flag with the court that you’re trying to mislead it about the truth. Leave out any mention of any potential punishment that the person may be facing. You want the judge to focus on your character reference letter—if you’re bringing up the punishments, it takes the focus off of the whole thing. Don’t print your letter on decorative or colorful paper. Keep it simple and professional—always use plain white paper for these documents. The impression you make with your letter should be related to the content, not the medium on which you’ve printed it. Finally, always keep your letter focused on the present and recent past. This means keeping your comments within the last six months to one year, rather than delving into the person’s past.
How a Character Witness Letter Can Affect a Case
Character witness letters are powerful tools that can significantly impact the outcome of a court case. When a judge is presented with evidence from a credible character witness, it can crystallize the importance of the defendant’s innocence and lead to a more favorable outcome. The weight of such letters on the defendant’s ability to avoid the consequences of false allegations cannot be overstated.
A character witness letter is a letter written by a person familiar with the defendant and the facts of their relationship to the defendant, vouching for the defendant’s truthfulness and honesty. It is a letter to the judge, not to be confused with a "character letter" which is written to the judge and the defense attorney to describe the character of the defendant. Essentially, a character witness letter will illuminate the defendant’s position as honest and truthful about the circumstances in question. A great character witness letter can be the ‘ah-ha’ moment in a case where all the pieces come together to form an intelligent conclusion in favor of the defendant.
For example, let’s say there is a political figure whose integrity is questioned. Their past is dragged into play because they have been attacked by the opposing party for doing what the party believes is right. Such attacks , while perhaps showing bias on the part of the attacker, also show the accused to be conscious in opening the closet doors of their past to any and all questions. A simple character witness letter would have done wonders for the accused because at bar it is not so much about right and wrong but about truth and honesty. A character witness letter is the perfect way to point out those attributes to the judge.
For instance, let’s say the accused, a 60-year-old grandmother, is accused of child molestation. There’s a huge presumption of guilt in that accusation in society. Using a character witness letter to point out the good works and healthy relationships of the grandmother would have done wonders for the grandmother’s image, thereby sapping the accusations of its poison. Life would have gone back to normal and the presence of truth and honesty would have shone through, despite the attempts of others to paint the grandmother as a monster.
Character witness letters have the greatest impact in those cases that appear to have the most damning evidence because the character witness letter can help to diffuse the doubts of those who doubt.