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Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused’s prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid to the fact that in allowing propensity evidence for federal sex offenses (as opposed to offenses under state law), these rules disproportionately affect one distinct civilian population: Indians.
The de facto concentration of Rules 413-414 cases in Indian Country raises troubling questions regarding what it means to have …
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.