The Use of the Medical Diagnosis or Treatment Exception to Hearsay in Domestic Violence Cases: The Admissibility of Testimony From Medical Providers About Statements Regarding the Identity of an Alleged Perpetrator Under Nebraska Rule of Evidence 803(3)

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Kjelstrup, Faith
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2018-06
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INTRODUCTION|Domestic violence perpetrators have acquired the reputation of using bullying tactics and extortion to instill fear in their victims, ensuring victims refuse to testify out of fear for their safety. The Nebraska Legislature has expressed concern regarding the help that domestic violence victims receive through Nebraska's criminal justice system. When a victim refuses to testify, the State is faced with a dilemma in proving the defendant committed the alleged crime, and therefore the State is unable to provide the protections the legislature has expressed is an issue for statewide concern. However, the State may still be able to prove a defendant is guilty even though a victim refuses to testify, thus affording the desired protections to domestic violence victims. The medical diagnosis or treatment exception to hearsay has become a tool utilized in court that allows the identity of an alleged perpetrator into evidence in domestic violence cases...
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Creighton University School of Law
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