NCJ Number
133931
Journal
Criminal Law Bulletin Volume: 27 Issue: 6 Dated: (November/December 1991) Pages: 504-537
Date Published
1991
Length
34 pages
Annotation
Character rules, as codified in the Federal Rules of Evidence, are surveyed to allow for a discussion on legal scholarship and current social psychology data.
Abstract
The Federal Rules govern both the purposes for which evidence of a person's character may be offered and the manner in which admissible evidence of character may be introduced. The Federal Rules recognize that a litigant could offer evidence of character for any of three purposes: (1) an element of a charge or claim in litigation; (2) where conduct is a substantive issue in the litigation; and (3) attacking or supporting witness credibility. In general, all evidence that is more probative than prejudicial is admissible under the Federal Rules. However, the categorical approach to character evidence should be abandoned in favor of a careful, guided balancing of prejudice against probativeness on a case-by-case basis. A balancing test could give symbolic recognition to the law's legitimate, traditional concern with the dangers of misuse prejudice; by favoring the exclusion of character evidence unless the proponent of the evidence can demonstrate to the court that its probative value the danger of unfair prejudice is outweighed. 186 footnotes (Author abstract modified)