How Jurors Use and Misuse Character Evidence

Jennifer S. Hunt, Thomas Lee Budesheim

Research output: Contribution to journalArticlepeer-review

21 Scopus citations

Abstract

The Federal Rules of Evidence allow defendants to offer testimony about their good character, but that testimony can be impeached with cross-examination or a rebuttal witness. It is assumed that jurors use the defense's character evidence (CE) to form guilt and conviction judgments but use impeachment evidence only to assess the character witness's credibility. Two experiments tested these assumptions by presenting mock jurors with various forms of CE and impeachment. Participants made trait ratings for the character witness and defendant and guilt and conviction judgments. Positive CE did not affect guilt or conviction judgments, but cross-examination caused a backlash in which judgments were harsher than when no CE was given. Using path analysis, the authors tested a model of the process by which CE and impeachment affect defendant and witness impressions and guilt and conviction judgments. Implications for juror decision making are discussed.

Original languageEnglish
Pages (from-to)347-361
Number of pages15
JournalJournal of Applied Psychology
Volume89
Issue number2
DOIs
StatePublished - Apr 2004

ASJC Scopus subject areas

  • Applied Psychology

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