Type:	Journal Article
Title:	Prosecutorial use of other acts of domestic violence for propensity purposes: a brief look at its past, present, and future
Other Titles:	University of Illinois Law Review
Authors:	Kovach, Andrea M
Keywords:	Advocacy;Criminal justice responses;Legal issues
Year:	2003
Publisher:	University of Illinois. College of Law
Citation:	4, 2003
Notes:	This article analyses the impact of 2 US states’ (California and Alaska) statutes which allow propensity evidence in domestic violence cases and argues that the statutes are useful tools in domestic violence prosecutions. The evidence rule to allow prosecutors to admit other acts of domestic violence as evidence that the defendant has a propensity to commit domestic violence could help prosecutors but it is controversial because it breaches the evidentiary prohibition in the US against propensity evidence. However, the US Federal Rules of Evidence allow propensity evidence in prosecutions for sexual assault and child molestation. It is argued that for similar reasons, propensity evidence should be admissible in domestic violence cases. It also examines the positions of other US states on propensity evidence and suggests that statutes allowing for propensity evidence are needed to hold batterers accountable.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/16395
ISSN:	0276-9948
Appears in Collections:	Journal Articles

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