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Criminal Law Keyed to Dressler
State v. Herndon
Facts
No specific facts of the case are given. The Court of Appeals of Wisconsin discussed four approaches to rape shield laws. The Michigan approach prohibits prior sexual conduct or reputation evidence, but this evidence is admissible where it is highly relevant and material to the presentation of a defense and therefore constitutionally required. Under the Texas approach, the laws are purely procedural and involve “untrammeled judicial discretion.” In other words, provided that certain procedural requirements are met, the evidence is admissible if the trial court determines that the evidence’s probativeness outweighs its prejudicial effect. The federal approach has three key features: (1) a general prohibition against sexual conduct or reputation evidence; (2) exceptions allowing for this evidence when it is “undeniably relevant” to an effective defense; and (3) a general “catch-basin” provision allowing for the introduction of relevant evidence on a case-by-case basis. Finally, the California approach provides that evidence offered to prove consent is inadmissible unless the evidence concerns prior sexual conduct between the complainant and the defendant. Any sexual conduct or reputation evidence may be used to attack the complainant’s credibility as long as the trial court determines it is relevant.
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