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Full-Text Articles in Law
Character Flaws, Frederic Bloom
Character Flaws, Frederic Bloom
University of Colorado Law Review
Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions-a group of gaffes and glitches involving Rule 404(b)'s "other purposes" (like intent, absence of accident, and plan) that might be called "character flaws." This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling-an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance to consider character flaws …
Character Flaws, Frederic Bloom
Character Flaws, Frederic Bloom
Publications
Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance to consider character …
Racial Character Evidence In Police Killing Cases, Jasmine Gonzales Rose
Racial Character Evidence In Police Killing Cases, Jasmine Gonzales Rose
Faculty Scholarship
The United States is facing a twofold crisis: police killings of people of color and unaccountability for these killings in the criminal justice system. In many instances, the officers’ use of deadly force is captured on video and often appears clearly unjustified, but grand and petit juries still fail to indict and convict, leaving many baffled. This Article provides an explanation for these failures: juror reliance on “racial character evidence.” Too often, jurors consider race as evidence in criminal trials, particularly in police killing cases where the victim was a person of color. Instead of focusing on admissible evidence, jurors …