Vengeance and Virtue in Contemporary Criminal Justice

Abstract

This work analyzes changes to criminal procedure that express calls for revenge. It specifically addresses the role of the victims' rights movement in supporting changes to the rules of evidence, and especially the rules concerning character evidence. Recent changes have relaxed the prohibition on character evidence and have increased the importance of judicial discretion. Against recent calls to restrict discretion by reinstating a form of legalism, this work argues that reinstituting rules is unlikely in light of the strong influence of the victims' rights movement. As such, attention must be placed on improving the exercise of discretion by trial judges.