Rules 413-415: Propensity Evidence in Certain Sex Cases.

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Presentation transcript:

Rules : Propensity Evidence in Certain Sex Cases

How Do Change 404? They permit PBA evidence to show propensity (or anything else) if PBA was either –Sexual assault, or –Child molestation Current case is either –Sexual assault, or –Child molestation, or –Civil case based on allegations that would amount to SA or CM

Some folks say trump 403 and all other FRE including hearsay But most folks now say that 403 trumps How do affect 403 ?

The Split on v might trump all other FRE’s including 403 and hearsay –US Judicial Conference Report –A few early lower court opinions are subject to 403 (and hearsay) –Justice Department –Essentially all the recent and appellate court opinions

Balancing under Prejudicial Effect Waste of Time Risk of Confusion Probative Value

Problem 12 Do Problem 12