Do you agree with the limitations placed on defense counsel by rape shield laws or do such restrictions interfere with the defendant's Sixth Amendment's right to confront witness against him? Explain the competing societal interests fully

What will be an ideal response?


ANSWER: Answers may vary: Rape is a vastly underreported crime. To encourage victims to come forward, rape shield laws were enacted to prevent the character-smearing tactics of defense counsel who would try to discredit a rape victim – not because of her version of the attack – but on her character to engage in sexual relations. Such tactics were/are common in rape cases because the primary issue in most cases is the victim's willingness to consent. On the other hand, a defendant has a right to confront witnesses against him and if a full exploration of the victim's sexual history and past will damage her credibility in the eyes of the jury, the defendant has a constitutional right to explore such litigation avenues.

Criminal Justice

You might also like to view...

Prison wardens make policy decisions that can influence all of the following EXCEPT ______.

a. structure b. culture c. federal sentencing guidelines d. activities

Criminal Justice

In the case of ________, the court ruled that "a prisoner has no reasonable expectation of privacy in his prison cell entitling him to the protection of the Fourth Amendment against unreasonable searches."

A. Procunier v. Martinez B. Pell v. Procunier C. Hudson v. Palmer D. Holt v. Sarver

Criminal Justice

Phrenology concerns the size and shape of skull as a measurement of criminality

a. True b. False

Criminal Justice

Which of the following is an objective of preventive patrol?

a. Controlling crime and reassuring law-abiding people that they are safe b. Prevent telemarketing fraud c. Locking up offenders d. Ensuring that community service sentences are served

Criminal Justice