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[84WashLRev0259] Balancing Interests Under Washington's Statute Governing the Admissibility of Extraneous Sex-Offense Evidence

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dc.contributor.author Chandler, Blythe
dc.contributor.author Washington Law Review
dc.date.accessioned 2010-01-28T22:15:14Z
dc.date.available 2010-01-28T22:15:14Z
dc.date.issued 2009-05
dc.identifier.citation 84 Wash. L. Rev. 259 (2009) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/225
dc.description.abstract Abstract: American courts traditionally exclude evidence that a defendant has committed crimes other than the crime with which the defendant is charged. This rule, with exceptions, is codified as Federal Rule of Evidence 404(b) and Washington Evidence Rule 404(b). However, courts and legislatures have increasingly adopted the view that evidence of other sex offenses should be admissible in sex-offense prosecutions. The Washington State Legislature recently adopted a statute, RCW 10.58.090, which governs the admissibility of evidence of other sex offenses. This Comment argues that Washington courts should use precedent applying Rule 404(b) as a guide in applying robust Rule 403 balancing under the new statute. This interpretation of the statute is consistent with its legislative history, preserves the traditional gate-keeping role of trial courts in evidence-admissibility determinations, and avoids a potential separation-of-powers question about which branch of government has ultimate authority over evidentiary rules in Washington. en_US
dc.language.iso en en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [84WashLRev0259] Balancing Interests Under Washington's Statute Governing the Admissibility of Extraneous Sex-Offense Evidence en_US
dc.type Article en_US
dc.rights.holder Copyright 2009 by Washington Law Review Association.


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