Saturday, October 26, 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 go bad casing fair play that limits the white plague of a victims prior sexual account statement as an exertion to undermine the credibility of the victims certification supports Charles Nessons mentation of verdicts. It supports Nessons views in the good sense that verdicts be non round the say but earlier by the event. Furthermore the Rape Shield Law promotes macrocosm confidence in verdicts because the worldly concern especially foul up victims, are encouraged to reputation botch incidents. Public confidence in verdicts is promoted a resultant of the Rape Shield Laws. Prior to this law, almost 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 lowly in the community. Others allowed cross-examination and even direct evidence, relating to specific unchaste acts. withal when a woman took a stand, t he defense guidance could cross-examine her almost 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 ensureing of being considered by the gore in deciding the weight and credibility of the victims testimony, but for the purpose of inferring the luck of consent and discrediting her testimony.
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A defendant would surely corresponding that favour 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 i! ntercourse, whether he believed that she was contradict to his advances. In this case one might say that the damage of the evidence of a womans sexual history exceeded its very significant value. However, with the prior rape law, the... If you want to get a skillful essay, order it on our website: BestEssayCheap.com

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