Once a rapist? Motivational evidence and relevancy in rape law

Article Abstract:

Rule 413 of the Federal Rules of Evidence allowing admission of prior acts of sexual assault in rape cases is unwarranted and demonstrates an unwillingness to accept that rapists do not all act in response to the same motivations. Rule 413 may result in increased convictions, but only in a limited set of cases. The evidentiary rule is mistakenly based on the assumption that rapes occur only as a result of psychopathology, not as a response to societal norms. The better approach would be more limited admission of prior bad act evidence under one of the exceptions to Rule 404(b).

Testimony, Rape

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Making sense of rules of privilege under the structural (il)logic of the Federal Rules of Evidence

Article Abstract:

The role of Federal Rules of Evidence 407, 408 and 409 in conferring privileges related to extrinsic activities has generally been ignored by courts and legal commentators. Instead, the focus has been on extending new privileges under Rule 501, which protects confidential communications arising out of certain interpersonal relationships. As a result, interests have been under- or over-protected. Self-critical analysis privilege, for example, would be better approached through rule 407 than rule 501. Activity protection could also be applied to mediator privilege.

Privileges and immunities

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Maintaining confidence in confidentiality: the application of the attorney-client privilege to government counsel

Article Abstract:

The attorney-client privilege should protect activities within the scope of a federal government official's duties, but not personal conduct. The privilege should apply equally in civil and criminal contexts and to federal criminal grand jury subpoenas. Conversations between an official, his government counsel, and his personal attorney should be protected when the official is being investigated for his official conduct. Preservation of attorney-client privilege promotes the open communication necessary for effective legal advice.

United States, Confidential communications, Attorney-client privilege, Government attorneys

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