Articles 1 - 1 of 1
Full-Text Articles in Social and Behavioral Sciences
Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian
Faculty Publications and Presentations
PREDATORS AND PROPENSITY: THE PROPER APPROACH FOR DETERMINING THE ADMISSIBILITY OF PRIOR BAD ACTS EVIDENCE IN CHILD SEXUAL ABUSE PROSECUTIONS
Basyle J. Tchividjian†
The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test ...