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Proof And Prejudice: A Constitutional Challenge To The Treatment Of Prejudicial Evidence In Federal Criminal Cases, D. Craig Lewis
Proof And Prejudice: A Constitutional Challenge To The Treatment Of Prejudicial Evidence In Federal Criminal Cases, D. Craig Lewis
Washington Law Review
The United States Supreme Court held its 1970 decision In re Winship that in criminal prosecutions the Constitution requires proof of guilt beyond a reasonable doubt. Professor Lewis argues that Winship governs the validity of evidence rules in criminal cases and requires that rules of evidence do not impair the reliability of criminal convictions. The author concludes that Federal Rule of Evidence 403, which permits the admission of prejudicial evidence unless the danger of unfair prejudice substantially outweighs probative value, violates this requirement. Rule 403 substantially increases the risk of erroneous decisionmaking and prescribes a balancing test that unconstitutionally places …