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- Accuracy (1)
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- Chain of inferences (1)
- Character evidence (1)
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- Criminal justice (1)
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- Digital evidence (1)
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- Propensity reasoning (1)
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- Rule 404 (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Correcting Federal Rule Of Evidence 404 To Clarify The Inadmissibility Of Character Evidence, Hillel J. Bavli
Correcting Federal Rule Of Evidence 404 To Clarify The Inadmissibility Of Character Evidence, Hillel J. Bavli
Faculty Journal Articles and Book Chapters
Courts misinterpret Federal Rule of Evidence 404(b)(2) as an exception to Rule 404(b)(1)’s prohibition on character evidence rather than a mere clarification that emphasizes the permissibility of other-acts evidence whose relevance does not rely on propensity reasoning. This misinterpretation turns the rule against character evidence on its head by effectively replacing Rule 404 with a Rule 403 balancing—and one that incorrectly treats character inferences as probative rather than prejudicial, thereby favoring admissibility rather than exclusion. Consequently, as currently interpreted, Rule 404(b)(2) generates substantial unpredictability and verdicts based on conduct not at issue in a case.
I therefore propose that the …
Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun
Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun
Faculty Journal Articles and Book Chapters
In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Records from digital evidence platforms reveal that defense attorneys sometimes fail to carry out their professional duty to review discovery. Analyzing a novel dataset we obtained from digital evidence platforms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number of felony cases between 2018 …