Term
| Under 412 is reputation or opinion evidence concerning the victim's past sexual behavior allowed? |
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Definition
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Term
| Under 412 are evidence of specific acts concerning the victim's past sexual behaviors allowed? |
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Definition
| No, only allowed to offer evidence of victim's past sexual behavior with defendant on the issue of consent. |
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Term
| Does 412 apply in civil suits |
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Definition
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Term
T or F
Under 413 if D is accused of sexual assault, evidence that D has committed a sexual assault in the past is admissible and may be considered on any relevant matter. |
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Definition
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Term
| Rule 412, What are the 2 things that are not admissible in any criminal or civil proceeding involving sexual misconduct. |
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Definition
1) Evidence of alleged victim engaged in other sexual behavior
2) Evidence of victim's sexual predisposition
This ban applies only to the conduct other than the current case.
Includes banning voluntary testimony that victim is sexually chaste. |
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Term
| Under 412 how to prior false charges come in? |
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Definition
| Subject to the reverse 403 standard from generally admissible to generally inadmissible. |
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Term
| An exception to the 412 rule allows for sexual history to be introduced under what circumstances? |
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Definition
When D directly challenges physical evidence in order to prove that a person other than the accused was the source of semen, injury (not when he admits they had consentual sex.
Also, to the issue of consent where Victim previously had consented to sex with D on a previous occassion if consent is in dispute.
Constitutional right for D when it shows a motive to fabricate, the constitution prevents shiled statute to bring to light that V is lying. |
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Term
| When is evidence allowed to prove the sexual behavior or sexual predisposition of the victim? |
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Definition
1) Civl Case
2) Probative value substantially outweighs the danger of harm
3) Case directly involves sexual misconduct |
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Term
| When is evidence of the victim's reputation admissible in a sexual misconduct case? |
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Definition
| Only allowed if V places it in controversy (defamation is an issue) |
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Term
| What are the due process provisions of 412 sex offense cases |
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Definition
1) written motion, 14 days before trial
2) serve all parties, notify the victim
3) In camera, victim and parties right to attend and be heard, motion, related papers and recording will be kept under seal unless court orders otherwise |
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Term
| Rule 413 - When may evidence of similar crimes be admitted in a sexual assault case? |
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Definition
1) Criminal case
2) No temporal - crimes committed before or after are ok
3) No conviction necessary
4) Always relevant
5) May be used for any purpose even propensity
6) May use specific acts |
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Term
| What is the evidentiary standard for allowing 413 evidence of similar crimes? |
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Definition
| Preponderance of evidence |
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Term
| What is the required due process in order to use 413 evidence of similar crimes in sexual assault case? |
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Definition
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Term
| What is the required due process in order to use 413 evidence of similar crimes in sexual assault case? |
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Definition
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Term
| Does a 403 standard apply to rule 413 evidence of similar crimes in sexual assault? |
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Definition
Yes; it's a constitutional requirement.
Judge considers-
1) How clearly prior act was proved
2) Probative value
3) The seriousness of disputed fact
4) Other evidence |
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Term
| Do the same rules apply to prior offenses in child molestation cases as to sexual assault |
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Definition
Yes, exactly the same.
Also applies in civil cases concerning sexual assault or child molestation. |
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