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–Civil case based on allegations
that would amount to SA or CM
Some folks say 413-415 trump 403 and all other FRE including hearsay
But most folks now say that 403 trumps
413-415
How do 413-415 affect 403?
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
Balancing under 413-415
Prejudicial Effect
Waste of Time
Risk of Confusion
Probative Value
Problem 12
Do Problem 12
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