Evidence-Wellborn SU2006 Outline

Rule 403 rule 414 clearly favors admissibility of

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Unformatted text preview: s unusual sexual or sadosexual interest in children. Even before Rule 414, courts were quite willing to admit evidence of prior sexual acts in prosecutions for child sexual abuse. Note: 414(d) defines "child" as a person below the age of fourteen. Note: Proponent of the evidence of previous sexual acts will be required only enough evidence so that a reasonable juror could find that the D committed the other acts of child molestation. Rule 403. Rule 414 clearly favors admissibility of evidence of other acts of child molestation. (upholding admission of 25 year old incident.) But courts should still exclude such evidence when its probative value is substantially outweighed by the danger of unfair prejudice. (excluding evidence of molestations that occurred 21-23 years earlier, but admitting evidence of molestations that occurred 16-20 years earlier). Role of Rule 403 is very much limited in the context of Rule 413-Rule 415. o Rule 403 can be used to tailor the presentation to the degree you can...reduce t...
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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 at Austin.

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