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The Presumption Of Innocence Imperiled: The New Federal Rules Of Evidence 413-415 And The Use Of Other Sexual-Offense Evidence In Washington, Jeffrey G. Pickett
The Presumption Of Innocence Imperiled: The New Federal Rules Of Evidence 413-415 And The Use Of Other Sexual-Offense Evidence In Washington, Jeffrey G. Pickett
Washington Law Review
The U.S. Congress has provisionally enacted three new federal rules of evidence (FRE). In cases of sexual assault or child molestation, FRE 413-415 allow the use, for any relevant purpose, of sexual assault or child molestation evidence not charged in the indictment or information. The new rules would operate in contravention of the traditional prohibition against using evidence of other misconduct for the purpose of proving that the defendant acted in conformity with a particular character trait on the occasion in question. This Comment surveys the arguments for and against the proposed changes. It concludes that Washington should not elect …
The Admissibiity Of Inculpatory Statements In Washington Under The Rule For Declarations Against Interest After Williamson V. United States, Julianna Gortner
The Admissibiity Of Inculpatory Statements In Washington Under The Rule For Declarations Against Interest After Williamson V. United States, Julianna Gortner
Washington Law Review
Washington courts hold that where a statement by an unavailable declarant, offered in the trial of a third party inculpated by the statement, is predominantly disserving to the declarant's penal interest, the statement is admissible under the hearsay exception for declarations against interest. Federal courts have split on the admissibility of such declarations, with some courts holding that any non-disserving portions must be severed and excluded. In Williamson v. United States, the United States Supreme Court narrowed the scope of Federal Rule of Evidence 804(b)(3) on declarations against interest and held that only the individual portions of such statements that …
Toward Uniform Application Of A Federal Psychotherapist-Patient Privilege, Catherine M. Baytion
Toward Uniform Application Of A Federal Psychotherapist-Patient Privilege, Catherine M. Baytion
Washington Law Review
In federal courts, Federal Rule of Evidence 501 governs all privileges, including the psychotherapist-patient privilege. Unlike many state statutes that explicitly recognize the psychotherapist-patient privilege and define its scope through exceptions, Rule 501 merely directs courts to use their reason and experience to interpret common law principles. Under this vague standard, the federal circuits lack uniformity in their treatment of the psychotherapist-patient privilege. This Comment suggests that Congress should explicitly recognize the privilege and define its scope through exceptions. To support this conclusion, this Comment discusses the justifications for recognizing a psychotherapist-patient privilege, uses the paradigm of formal versus nonformal …