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Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman Oct 2015

Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman

Fordham Law Review

It is a fundamental principle of the American justice system that a defendant should be judged on the facts of the case at issue and not for the defendant's general character or past indiscretions. Federal Rule of Evidence 404, which prohibits character evidence, addresses this issue. Rule 403 represents another principle of the justice system: the legal system favors admissibility of evidence over its exclusion. There are some exceptions to this principle, including when evidence is so highly prejudicial that it outweighs the benefits of its admission. As 404(b) character evidence is almost always highly prejudicial to the defendant, trial …


Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland Jan 1995

Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland

Fordham Urban Law Journal

Although the adoption of the Federal Rules of Evidence 413-15 may have a positive result, Congress rushed their drafting which has led to several problems and ambiguities in the proposed rules. One of these major ambiguities is the issue of what standard of proof might be applied to decide the admissibility of such other, uncharged sex crimes offered against the accused.


Cross-Examination Of Defendant's Character Witnesses: In Favor Of The Prosecutor's Inquiry Into The Charges At Bar, Risa Karen Plaskowitz Jan 1990

Cross-Examination Of Defendant's Character Witnesses: In Favor Of The Prosecutor's Inquiry Into The Charges At Bar, Risa Karen Plaskowitz

Fordham Law Review

No abstract provided.