NCJ Number
99869
Date Published
1985
Length
25 pages
Annotation
Literature on the probative value and the impact on jurors of character testimony is reviewed.
Abstract
Character testimony is not admissible for proving guilt, but defense testimony regarding good character is subject to cross-examination. In addition, character evidence probative for a particular element of the charge and character testimony that impeaches the credibility of other testimony are also admissible. Special rules and issues apply to testimony concerning a defendant's past record. Although defendants appear to have an advantage in the rules regarding character testimony, the advantage is really on the other side. The defense may present testimony regarding only general reputation, whereas the rebuttal may consider both general reputation and specific acts. Decisionmaking research indicates that specific instances have more impact than general base rates, that extreme cases are more influential than other cases, and that negative information is more believable and influential than positive information. In addition, the relevance of general character to a specific act is problematic. Nevertheless, character testimony does affect verdicts. The available literature indicates that jurors may be unable to detect deception by witnesses. Experimental evidence suggests that testimony regarding prior crimes has a major impact. However, different jurors appear to be affected differently by general character testimony. In addition, despite indications that the defendant's social and physical attractiveness can affect jurors, studies considering both these characteristics and the factual evidence indicate that factual evidence has a much greater effect. However, full, open, and complete discussion of the evidence by jurors is the best way to reduce potential biasing impacts of character testimony. 72 references.