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Balancing Interests Under Washington's Statute Governing The Admissibility Of Extraneous Sex-Offense Evidence, Blythe Chandler
Balancing Interests Under Washington's Statute Governing The Admissibility Of Extraneous Sex-Offense Evidence, Blythe Chandler
Washington Law Review
American courts traditionally exclude evidence that a defendant has committed crimes other than the crime with which the defendant is charged. This rule, with exceptions, is codified as Federal Rule of Evidence 404(b) and Washington Evidence Rule 404(b). However, courts and legislatures have increasingly adopted the view that evidence of other sex offenses should be admissible in sex-offense prosecutions. The Washington State Legislature recently adopted a statute, RCW 10.58.090, which governs the admissibility of evidence of other sex offenses. This Comment argues that Washington courts should use precedent applying Rule 404(b) as a guide in applying robust Rule 403 balancing …