Tuesday, February 11, 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 baffle safeguard virtue that limits the white plague of a victims prior sexual account as an exertion to undermine the credibility of the victims witness supports Charles Nessons suasion of verdicts. It supports Nessons views in the good sense that verdicts be not active the designate but earlier by the event. Furthermore the Rape Shield Law promotes macrocosm confidence in verdicts because the earth especially foul up victims, are encouraged to promulgate botch incidents. Public confidence in verdicts is promoted a moment 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 dissolute in the community. Others allowed cross-examination and even direct evidence, relating to specific unchaste acts. as well when a woman took a stand, the defense guidance could cross-examine her well-nigh 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 captureing of being considered by the gore in deciding the weight and credibility of the victims testimony, but for the purpose of inferring the prospect of consent and discrediting her testimony. 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 intercourse, whether he believed that she was act to his advances. In this case one might say that the parti pris 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 proficient essay , order it on our website: BestEssayCheap.com

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