Friedman, R. D. (1991). Character Impeachment Evidence: Psycho-Bayesian Analysis and a Proposed Overhaul, 38 U.C.L.A. L. Rev. 637, 642-643. The prohibition against propensity evidence is deeply engrained. Given the prohibition, a violation of it must be considered prejudicial without regard to whether, in determining the facts, the jury likely relied more on the evidence than would be rational; any reliance at all is deemed improper. And because the propensity evidence is likely to affect the jury powerfully, both in guiding its fact finding and in altering the effective burden of proof, the prejudice is often extreme. Nevertheless, evidentiary rule makers have concluded that, because the jury is so dependent on the testimony of witnesses, it must have a relatively full base of information on which to assess their credibility.

has been cited by the following article:

• TITLE: Admissibility of the Defendant’s Criminal Records at Trial

  AUTHORS: James B. Jacobs

  KEYWORDS: Prior Crimes Evidence; Jury Trial; Rules of Evidence; European Trials

  JOURNAL NAME: Beijing Law Review, Vol.4 No.3, October 7, 2013

  ABSTRACT: The jury trial, which is a hallmark of the Anglo-American adversary system, requires close attention to the evidence that it is permissible for the lay jurors to hear. No evidentiary issue has proved more contentious than the admissibility of witnesses’, especially defendants’, prior criminal history because of concern that the lay jurors might prejudicially infer present guilt from past criminality. This article explains the complex evidentiary rules for admitting criminal history to prove guilt and to impeach witness credibility. It suggests that inquisitorial trial procedure, which historically has been unconcerned that judges know about the defendant’s prior criminal history while they are determining present guilt may have to restrict admissibility of such evidence as lay juries become more common.