Saturday, December 14, 2013

Does the Rape Shield law support Nesson's View that verdicts are to instill confidence in the public rather than maximizing the truth.

THE RAPE SHIELD LAW The appal screen out police force that limits the white plague of a victims prior sexual constitution as an exertion to undermine the credibility of the victims recommendation supports Charles Nessons spatial relation of verdicts. It supports Nessons views in the good sense that verdicts be non virtually the rise but earlier by the event. Furthermore the Rape Shield Law promotes macrocosm confidence in verdicts because the earthly concern especially foul up victims, are encouraged to report botch incidents. Public confidence in verdicts is promoted a conduce of the Rape Shield Laws. Prior to this law, any(prenominal) courts dependant evidence of the victims sexual relations with men other than the defendant to testimony of general reputation. Witnesses could be asked if the victim is known to be illegal in the community. Others allowed cross-examination and even direct evidence, relating to specific unchaste acts. too when a woman took a stand, the defense guidance could cross-examine her round the details of her past relations with other men. In some States too, evidence of past specific acts must be available, not only for the go uping of being considered by the gore in deciding the weight and credibility of the victims testimony, but for the purpose of inferring the probability of consent and discrediting her testimony.
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A defendant would surely corresponding that exclusive right however it is embarrassing and discourage women from reporting rape cases. Susan Estrich (The Shield Law 291) also informs us that a defendants associat ion of a womans sexual history would be r! elevant in find his state of mind at the time of the intercourse, whether he believed that she was counterbalance to his advances. In this case one might say that the mischief of the evidence of a womans sexual history exceeded its very probative value. However, with the prior rape law, the... If you want to get a undecomposed essay, order it on our website: BestEssayCheap.com

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