The last word: jury is still out on effects of victim impact testimony

Article Abstract:

The use of victim impact testimony is controversial because there are no clear guidelines and it is an emotional appeal to impose the death penalty when moral reasoning is supposed to prevail. The disparity between how judges are permitting impact testimony is demonstrated by a comparison of Timothy McVeigh's Oklahoma City, OK bombing trial and Jesse Timmendequas' sexual predator trial. Emotional testimony was permitted in McVeigh's trial while the father of the victim read a previously approved statement in Timmendequas' trial.

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Shield a prosecution sword; rape laws can protect accuser who has reason to lie

Article Abstract:

A rape shield law is on the books of the federal government and of all the states. Such laws, introduced in the 1970s, aimed to protect rape victims by making sure defendants did not introduce irrelevant facts of their sexual pasts into evidence. Defendants have sometimes suffered because they could not introduce evidence of a rape victim's propensity to lie. Sometimes prior conduct which is not sexual is classified under the shield law.

Rape, states

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An evidentiary dragnet: courts remain wary in introducing uncharged sex crimes

Article Abstract:

Courts have not embraced the expanded Federal Rules of Evidence admitting character evidence as proof of a crime in sexual assault cases. The difficulty is in balancing prejudicial and probative values with congressional intent under rules 403 and 413-415. Admitting evidence of uncharged crimes may undermine the presumption of innocence and thus be unconstitutional, even though it may be admitted to show motive.

Laws, regulations and rules, Evidence (Law), Evidence, Character, Character evidence

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