Should the Tail Wag the Dog?: The Potential Effects of Recidivism Data on Character Evidence Rules

51 Pages Posted: 21 Feb 2008  

Charles H. Rose III

Stetson University College of Law

Abstract

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.

Suggested Citation

Rose, Charles H., Should the Tail Wag the Dog?: The Potential Effects of Recidivism Data on Character Evidence Rules. New Mexico Law Review, Vol. 36, No. 2, 2006. Available at SSRN: https://ssrn.com/abstract=1095883

Charles H. Rose III (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

HOME PAGE: http://www.law.stetson.edu/faculty/rose.asp

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