EVIDENCE - EVIDENCE OF PRIOR SIMILAR INCIDENTS IS ADMISSIBLE TO SHOW THE CORPUS DELICTI OF MURDER UNITED STATES V WOODS, 484 F2D 127 (4TH CIR 1973)

• NCJ Number: 15003
• Journal: Cincinnati Law Review Volume: 43 Issue: 2 Dated: (1974) Pages: 437-443
• Author(s): M E O'LEARY
• Date Published: 1974
• Length: 7 pages
• Corporate Author: University of Cincinnati Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CONTENTION THAT THE COURT'S RULING WAS BASED ON FAULTY REASONING AND INAPPROPRIATE ANALOGIES, ALTHOUGH THE SAME EVIDENCE WAS STILL ADMISSIBLE UNDER ESTABLISHED ACCIDENT OR SIGNATURE EXCEPTIONS TO THE EXCLUSIONARY RULE.

Abstract

THE COURT JUSTIFIED ITS REFUSAL TO ADHERE TO THE TRADITIONAL EXCLUSIONARY RULE ON THREE GROUNDS - THAT THERE WAS INDEPENDANT EVIDENCE TO PROVE THE EXISTANCE OF CRIMINAL ACTIVITY AND BY ANALOGY WITH CASES OF CONFESSION AND ARSON CASES. (CONFESSIONS ARE ADMISSIBLE TO PROVE THE EXISTENCE OF DEFENDANT'S CRIMINALITY AND EVIDENCE OF PRIOR FIRES IS ADMISSIBLE TO PROVE THE CORPUS DELECTI OF ARSON.) THE AMERICAN EXCLUSIONARY RULE IS ALSO CONTRASTED TO ITS ENGLISH VERSION IN WHICH ALL RELEVANT EVIDENCE OF PRIOR CRIMES AND ACTS IS ADMISSIBLE EXCEPT THAT WHICH MERELY TENDS TO SHOW THAT THE ACCUSED HAD AN EVIL CHARACTER OR A PROPENSITY TO COMMIT THE CRIME FOR WHICH HE IS BEING TRIED.