Evidence-Wellborn SU2006 Outline

Fre 413 is not a violation of equal protection rights

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Unformatted text preview: of Rule 413 and Rule 403 to admit prior conviction was an abuse of discretion. Issue: Does FRE 413 violate the due process clause? Did the district court abuse its discretion in admitting the evidence? Holding: FRE 413 does not violate due process clause o That the practice of excluding prior bad acts evidence is ancient does not mean it is embodied in the constitution. admission of this evidence does not violate fundamental conceptions of justice. FRE 413 is not a violation of equal protection rights o 413 does not burden a fundamental right and sex offenders are not a suspect class therefore must uphold the legislative classification so long as it bears a rational relation to some legitimate end. Promoting the effective prosecution of sex offenses is a legitimate end. Effective prosecution enhanced by evidence of D's sexual interest in children highly probative "Appellate courts should not and do not try to determine whether the statute was the correct judgment or whether it best accomplishes Congressional...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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