Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait
"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless
Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless
William & Mary Bill of Rights Journal
This note presents a Due Process analysis of Federal Rules of Evidence 413 and 414. These rules, which took effect in July 1995, overturn the exclusionary requirements of Rule 404 exclusively in cases involving sexual assault and child molestation. The new rules allow similar crimes to serve as evidence for purposes other than those stated in Rule 404(b). Now, federal prosecutors may offer evidence of a defendant's prior uncharged sexual misconduct to demonstrate that the defendant committed the sex offense for which he currently is being charged. Rules 413 and 414 reevaluate the historic concern that evidence of prior acts …
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Articles
You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …