Does the Rape Shield law support Nesson's View that verdicts are to instill confidence in the public rather than maximizing the truth.
Title: Does the Rape Shield law support Nesson's View that verdicts are to instill confidence in the public rather than maximizing the truth.
Category: /Law & Government
Details: Words: 1295 | Pages: 5 (approximately 235 words/page)
Does the Rape Shield law support Nesson's View that verdicts are to instill confidence in the public rather than maximizing the truth.
Category: /Law & Government
Details: Words: 1295 | Pages: 5 (approximately 235 words/page)
THE RAPE SHIELD LAW
The Rape Shield Law that limits the use of a victim's prior sexual history as an attempt to undermine the credibility of the victim's testimony supports Charles Nesson's view of verdicts. It supports Nesson's views in the sense that verdicts are not about the evidence but rather by the event. Furthermore the Rape Shield Law promotes public confidence in verdicts because the public especially rape victims, are encouraged to report rape
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truth. Defendant's constitutional rights are violated to protect the victim from embarrassment so that the public would not hesitate to report rape cases. To strike a better balance between the two functions in the law, Galvin's proposal must be considered. Firstly, evidence of a victim's past sexual behavior may only be used for purposes other than proving that she is more likely to have consented or proving that she is less credible as a witness.