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CSPAN2 Key Capitol Hill Hearings October 21, 2014

The exception that would allow evidence in the words of the rule the exclusion of which would violate the Constitutional Rights of the accused. What does that mean . The rule does not define what that means for the practitioner. But in my experience come evidence of the sort usually falls into one of several readily recognized categories. For example, evidence of previous sexual behavior that establishes bias, prejudice or motives that fabricate on the part of the alleged victim in the case. Similarly, this exception is used in military practice to admit evidence of don sturdily false allegations of prior sexual behavior by the alleged victims or sexual behavior of predisposition thats so distinctive and so similar to the sexual offense at issue that explains or provides context for the instant delegations. Interestingly, many states codify these commonly encountered circumstances in their own rules of evidence for criminal ....

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