首页    期刊浏览 2024年11月15日 星期五
登录注册

文章基本信息

  • 标题:The Character Evidence Defense: Acquittal Based on Good Character
  • 本地全文:下载
  • 作者:Reed, Thomas J.
  • 期刊名称:Cleveland State Law Review
  • 印刷版ISSN:0009-8876
  • 出版年度:1997
  • 卷号:45
  • 期号:3
  • 页码:345
  • 出版社:Cleveland State University
  • 摘要:This article centers on the case of United States v. Martinez, the only recent case in which an accused was acquitted on the ground of good moral character. Martinez illustrates the powerful effect of a good character evidence defense that showed the accused led a blameless life before being inveigled into drug courier service by an intimidating DEA informer. This article begins with a brief review of United States v. Martinez. Following a presentation of this case, the article shifts focus to examine what our sister discipline of psychology can tell us about human personality and the cross-situational stability of human behavior and the scientific basis for or against admission of character evidence. Next, the article examines the state of the law relating to defense character evidence and the prosecution's right to rebut good character with bad character. Finally, the article proposes some changes in the structural system for admitting character evidence.
  • 关键词:United States v. Martinez; character evidence; personality theory; psychology; the four humors; Jungian type theory; modern trait theory; behavioralism; Eysenck’s theory; character evidence defense; expert opinion; good conduct habit; entrapment
国家哲学社会科学文献中心版权所有