NCJ Number
118362
Journal
Utah Law Review Volume: 1988 Issue: 3 Dated: (1988) Pages: 479-568
Date Published
1988
Length
90 pages
Annotation
This article discusses theories of uncharged misconduct evidence that are valuable in child abuse litigation.
Abstract
The article first defines uncharged misconduct evidence as "evidence of a person's uncharged crimes, wrongs, or acts, offered to prove such things as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." This is distinguished from character evidence, defined as "proof of a person's character or propensity offered to establish that the person acted in conformity therewith on a particular occasion." A major section of the article analyzes the elements of child abuse and neglect in various litigation contexts, since uncharged misconduct evidence is offered to prove one or more of the elements of maltreatment. The litigation contexts considered are criminal litigation, juvenile court litigation, juvenile delinquency proceedings against perpetrators, juvenile court protective proceedings, actions to terminate parental rights, child custody litigation, civil tort actions against perpetrators, and administrative proceedings to revoke or suspend licenses of professionals or facilities such as day care centers. Another section discusses the uses of uncharged misconduct evidence to prove motive; opportunity or capacity; prior attempts to commit the charged crime; relationship between the parties; intent, absence of mistake, or accident; the battered child syndrome; "lustful disposition;" plan; preparation; modus operandi to prove identity; the reliability of eyewitness testimony; and consciousness of guilt. The concluding section outlines factors in balancing the probative value of uncharged misconduct evidence against the danger of unfair prejudice. 302 footnotes.