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The process of litigation is designed for the reconstruction of an event that occurred in the recent past. And for the most part, the rules by which a trial is conducted are supposed to enhance the accuracy of the synthetic fact.1 Of course, the success of this enterprise, while not unknowable, will always be shrouded in uncertainty. Those in a position to measure verity will forever disagree and the rest of us will never be sure whose report to credit. Yet the process continues, and lives by a faith in a collective intuition, which is the genius of a system of law-by-development such as ours. Fortunately, our faith in the mechanism of adjudication is not unshakeable, and my purpose in this Article is gently to shake some cherished assumptions concerning a group of evidentiary rules allocating inferences from experience. A fuller description of my thesis must await the setting of its underpinnings.

Evidence of Character to Prove Conduct: Illusion, Illogic, and Injustice in the Courtroom