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Presenting Favorable and Unfavorable Character Evidence to Juries

NCJ Number
107905
Journal
Law and Psychology Review Volume: 10 Dated: (Spring 1986) Pages: 59-71
Author(s)
M Lupfer; R Cohen; J L Bernard; D Smalley
Date Published
1986
Length
13 pages
Annotation
Data from 28 mock juries that used 243 college students were used to determine the effects on jurors of the nature, source, context, and timing of the presentation of favorable and unfavorable character information.
Abstract
The study involved two 15-minute trials, each containing direct testimony of principal litigants, direct testimony from character witnesses, cross-examination of all witnesses, and the judge's instructions to the jury. One case involved a suit by a police officer, alleging assault and battery by a mechanic who was arrested for drunk driving. The other case involved a suit against a professor by a student who claimed that he originated the research and conducted most of the studies responsible for a $25,000 prize awarded to the professor. The slide-tape presentations of the trials included unfavorable, mildly favorable, or strongly favorable character information presented by either the defendant or the character witness under either direct or cross-examination. Favorable information increased positive votes for the defendant, regardless of the source or timing of the information. Jurors were more influenced by unfavorable than favorable character evidence, however. The nature of the information was much more important than the source, context, or timing. No reliable strategy yet appears to exist for minimizing the damaging effect of negative character evidence. 20 footnotes and 2 tables.