Citation

Eads LS, Shuman DW, DeLipsey JM. Behav. Sci. Law 2000; 18(2-3): 169-216.

Affiliation

Southern Methodist University School of Law, Dallas, TX 75275, USA.

Copyright

(Copyright © 2000, John Wiley and Sons)

DOI

10.1002/1099-0798(200003/06)18:2/3<169::AID-BSL397>3.0.CO;2-X

PMID

10874287

Abstract

Congressional enactment of Federal Rules of Evidence 413-415 changed centuries of the law which had excluded evidence by the state that the defendant had committed other bad acts and was therefore the sort of person who would be more likely to commit the act charged. The passage of Rules 413-415 opens the door to this type of character evidence in sexual assault and child molestation cases and requires trial judges to assess the probative value of this propensity evidence offered. Yet, neither these rules nor their legislative history offer much guidance in this assessment. This article offers guidance to trial judges and lawyers to assess the probative value of propensity evidence offered under these rules.

Language: en