NCJ Number
142549
Journal
Criminal Law Bulletin Volume: 29 Issue: 3 Dated: (May-June 1993) Pages: 195-218
Date Published
1993
Length
24 pages
Annotation
This article reviews the admissibility of prior act evidence, primarily in the context of rape and sexual assault cases.
Abstract
First, Federal Rule of Evidence (FRE) 404(b) and the admissibility of prior act evidence are considered. Under FRE 404(b), evidence of prior behavior is not admissible to show a defendant's propensity to commit a charged offense. Prior act evidence may be used, however, for the limited purposes specified in FRE 404(b), i.e., to show a defendant's motive to commit the charged offense or to show intent, preparation, plan, or identity. To admit prior act evidence under one of these exceptions, however, the prosecution must confront a major hurdle; the evidence must pass FRE 403's stringent relevance test. Under FRE 403 the prosecution must demonstrate that the probative value of the evidence outweighs the danger of unfair prejudice to the defendant. Following an analysis of the FRE 403 relevance standard, this article concludes that a highly restrictive approach to admitting prior act evidence in rape and sexual assault cases is inappropriate. Because of the explosion in the reported incidence of these crimes since 1960, the courts should adopt a more generous approach to admitting prior act evidence. Moreover, State courts should follow the lead of the U.S. Supreme Court, which has provided substantial guidance on the use of prior act evidence and which has more equitably balanced the rights of crime victims and those of criminal defendants. 102 footnotes