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COMPLAINANT CREDITIBILITY IN SEXUAL OFFENSE CASES - A SURVEY OF CHARACTER TESTIMONY AND PSYCHIATRIC EXPERTS (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

NCJ Number
30756
Author(s)
ANON
Date Published
1974
Length
15 pages
Annotation
THE USE OF CHARACTER EVIDENCE AS A PROTECTION AGAINST FALSE ACCUSATION IN SEXUAL OFFENSE CASES IS INSUFFICIENT; PSYCHIATRIC TESTIMONY, ACCORDING TO THE AUTHOR, IS MORE FRUITFUL IN DETERMINING THE COMPLAINANT'S CREDIBILITY.
Abstract
CHARACTER EVIDENCE, WHILE PURPORTING TO PROTECT AN ACCUSED, IS ACTUALLY A RUSE WHEREBY A JURY'S ATTENTION IS DIVERTED FROM THE PARTICULARS OF A DEFENDANT'S ACTIONS AT THE TIME OF AN ALLEGED SEXUAL ASSAULT TO THE COMPLAINANT'S PAST LIFE AND CONDUCT. PSYCHIATRIC EVIDENCE DISCLOSES THOSE FACTORS WHICH INFLUENCE THE CREDIBILITY OF WHAT A COMPLAINANT SAYS. IT IS FOCUSED ON AND ADDRESSED TO THE REASONS FOR AND FOUNDATIONS OF A COMPLAINANT'S ACCUSATION AND PRESENT CONDUCT WHEREAS CHARACTER EVIDENCE IS CONCERNED WITH A COMPLAINANT'S PAST CONDUCT. (AUTHOR ABSTRACT)

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