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Rules 413-415: Propensity Evidence in Certain Sex Cases

Rules 413-415: Propensity Evidence in Certain Sex Cases. How Do 413-415 Change 404?. They permit PBA evidence to show propensity (or anything else) if PBA was either Sexual assault, or Child molestation Current case is either Sexual assault, or Child molestation, or

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Rules 413-415: Propensity Evidence in Certain Sex Cases

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  1. Rules 413-415:Propensity Evidence in Certain Sex Cases

  2. How Do 413-415 Change 404? They permit PBA evidence to show propensity (or anything else) if • PBA was either • Sexual assault, or • Child molestation • Current case is either • Sexual assault, or • Child molestation, or • Civil case based on allegations that would amount to SA or CM

  3. How do 413-415 affect 403? But most folks now say that 403 trumps 413-415 Some folks say 413-415 trump 403 and all other FRE including hearsay

  4. The Split on 413-15 v. 403 413-415 might trump all other FRE’s including 403 and hearsay US Judicial Conference Report A few early lower court opinions 413-415 are subject to 403 (and hearsay) Justice Department Essentially all the recent and appellate court opinions

  5. Balancing under 413-415 Risk of Confusion Waste of Time Probative Value Prejudicial Effect

  6. Problem 12 Do Problem 12

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