Should the Tail Wag the Dog?: The Potential Effects of Recidivism Data on Character Evidence Rules
Charles H. Rose III
Stetson University College of Law
New Mexico Law Review, Vol. 36, No. 2, 2006
This article is an empirical analysis of the propensity character rules of evidence based upon data derived from recent recidivism studies published by the United States Sentencing Commission and the Department of Justice Bureau of Justice Statistics. It analyzes recidivism data in light of the historical underpinnings of the propensity character rules of evidence and recent developments in personality trait theory, positing that now is perhaps the time for change in evidentiary law based upon this research.
Number of Pages in PDF File: 51Accepted Paper Series
Date posted: February 21, 2008
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