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Getting it right: the trial of sexual assault and child molestation cases under federal rules of evidence 413–415
Author(s) -
Eads Linda S.,
Shuman Daniel W.,
DeLipsey Jan Marie
Publication year - 2000
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/1099-0798(200003/06)18:2/3<169::aid-bsl397>3.0.co;2-x
Subject(s) - sexual assault , federal rules of evidence , commit , value (mathematics) , poison control , suicide prevention , legislature , human factors and ergonomics , legislative intent , criminology , law , psychology , injury prevention , rules of evidence , medicine , computer security , political science , medical emergency , computer science , database , machine learning
Congressional enactment of Federal Rules of Evidence 413–415 changed centuries of the law which had excluded evidence by the state that the defendant had committed other bad acts and was therefore the sort of person who would be more likely to commit the act charged. The passage of Rules 413–415 opens the door to this type of character evidence in sexual assault and child molestation cases and requires trial judges to assess the probative value of this propensity evidence offered. Yet, neither these rules nor their legislative history offer much guidance in this assessment. This article offers guidance to trial judges and lawyers to assess the probative value of propensity evidence offered under these rules. Copyright © 2000 John Wiley & Sons, Ltd.