Character at the Crossroads

Abstract

CHARACTER AT THE CROSSROADS posed value in preventing inferential error. a. The Probative Value of Character EvidenceCommon sense (that is, unsystematic inductions from everyday experience) is the principal basis both for believing character evidence to be probative, and for fearing its prejudicial effect.We all use character evidence in ordinary life.'Most of us believe that there are personality differences between those who commit outrageous crimes and other people, and that ordinary people are more restrained by morality and by fear of consequences than are criminals.9 The data gathered systematically by scholars of crime does not require us to abandon that common sense view.Scholarship about crime supports the view that there are individual differences between repeat offenders and the rest of the population."Recidivism data, 8.It is also valued in the marketplace.Were there no such thing as proclivity to drive poorly, an easy fortune could be made at the expense of conventional insurance companies.In fact, some automobile insurance companies reportedly even use an applicant's credit history as a way of predicting underwriting risk, on the theory that "individuals with bad credit are likelier. . . to be involved in accidents, to have vehicles stolen or vandalized and to file fraudulent claims."

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