Evaluation of Nebraska's Corroboration Requirement, An
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Authors
Gregory, Patrick J.
Issue Date
1988
Volume
21
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The above statement, although made in 1975, is certainly applicable today in Nebraska, especially in light of recent decisions which retain the corroboration requirement in rape and sexual assault cases. The corroboration requirement is an evidentiary rule which necessitates the production of additional evidence to support the victim's testimony before a conviction can be sustained. Nebraska presently retains a rule that one source has called "a tangled web of legitimate concerns, out-dated beliefs, and deep-seated prejudices." Further, Nebraska is the only state that retains a corroboration requirement in every case of sexual assault.|This Comment will first examine a recent reiteration of the corroboration requirement by the Nebraska Supreme Court, In re Interest of J.M. Next, a review of the background of the corroboration requirement is necessary to understand why Nebraska has adopted the corroboration rule, and to identify the historical justifications for retaining the rule. Finally, this Comment concludes with an analysis of the reasoning behind the corroboration requirement and a discussion of whether there is any validity to the justifications...
Description
Citation
21 Creighton L. Rev. 601 (1987-1988)
Publisher
Creighton University School of Law