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Three Maelstroms and One Tweak: Federal Rules of Evidence 413 to 415 and Their Arizona Counterpart

Abstract

In 1994, Congress enacted Federal Rules of Evidence 413, 414, and 415 as part of the Violent Crime Control and Law Enforcement Act. Applicable in civil and criminal cases predicated on sexual assault or child molestation, these rules allow for the introduction of other acts evidence that has long been locked out of the courtroom. The new federal rules raise due process concerns, may unfairly prejudice defendants, and possibly undermine other rules of evidence. Arizona is one of the few states to amend its evidence law in response to the federal changes, recently promulgating evidence Rule 404(c). But the Arizona rule demonstrates marked differences from its federal counterparts. This Note examines the federal and Arizona changes, highlighting their distinctions and arguing for the superiority of the Arizona approach.

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41 Ariz. L. Rev. 963 (1999)

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Authors

Adam Kargman (University of Arizona)

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