A discussion on limiting judicial discretion to admit evidence in cases of sexual abuse of youngsters.
Written in 2008; 1,650 words; 7 sources; APA; $ 53.95
Paper Summary:
This paper examines the subject of judicial discretion, specifically as it was applied by the United States Supreme Court in "Tome v. United States, 513 U.S. 150 (1995)". In that case, a majority of the court ruled that reports of prior consistent statements made by the victim of sexual assault were inadmissible unless they occurred prior to any incident drawing the victim's credibility into question. The paper contends that the dissent in Tome presented a more reasonable position, giving the trial judge more discretion in admitting evidence of this sort. To conclude, the paper notes that the states have not invariably followed Tome.
From the Paper:
"In Tome v. United States, 513 U.S. 150 (1995), the Supreme Court considered a case which turned on an issue of judicial discretion. Matthew Tome was charged and convicted of felony sexual abuse of a child, his daughter who was four years old when the abuse occurred. Tome had primary custody of the child, A.T., during the 1989-90 school year; Tome's wife had custody during the summer of 1990. In August, the mother contacted police, alleging that A.T. had been sexually abused. The prosecution alleged that A.T. had been abused during the school year; the defense contended that the story was concocted to prevent Tome from retaining custody. (The matter was tried in federal rather than state court because the abuse allegedly occurred on a Navajo reservation.) (513 U.S. at 152)."
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