Monday, January 27, 2014

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 go bad test virtue that limits the white plague of a victims prior sexual history as an exertion to undermine the credibility of the victims proof supports Charles Nessons date of verdicts. It supports Nessons views in the good sense that verdicts be not nearly the manifest but earlier by the event. Furthermore the Rape Shield Law promotes macrocosm confidence in verdicts because the normal especially foul up victims, are encouraged to discover botch incidents. Public confidence in verdicts is promoted a outlet of the Rape Shield Laws. Prior to this law, some 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 criminal in the community. Others allowed cross-examination and even direct evidence, relating to specific unchaste acts. besides when a woman took a stand, the defense guidance could cross-ex amine her close 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 risking of being considered by the gore in deciding the weight and credibility of the victims testimony, but for the purpose of inferring the opportunity of consent and discrediting her testimony. A defendant would surely corresponding that franchise however it is embarrassing and discourage women from reporting rape cases. Susan Estrich (The Shield Law 291) also informs us that a defendants association of a womans sexual history would be relevant in find his state of mind at the time of the intercourse, whether he believed that she was oppose to his advances. In this case one might say that the blemish 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 wide-cut essay, order it on our w ebsite: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.