Psychological Research on Character as a Process in Judgment and Decision-Making and Its Potential Implications for the Character Evidence Prohibition in Anglo-American Law

Abstract

Though character is an elusive construct of considerable complexity, recent research in the field of psychology has made significant inroads into unpacking the nature, function, and impact of character on judgment and decision-making. These developments may have profound implications for our system of justice by challenging the principles, policies, and purposes underlying the Anglo-American general prohibition on character evidence. At the same time, recognition of these developments by the law is a risky endeavor, and if implemented without caution, could function to the great detriment of our system of justice. By closely reviewing the psychological literature on character in conjunction with the modern rules of character evidence, this paper will suggest that despite the considerable complications recent findings in psychology pose for the model of behavior relied upon by our rules of evidence, it would be still be premature for courts or legislators to rely upon these insights to inaugurate significant reform.