Huskers Jump on Congress's Fumble: Nebraska Rules of Evidence 413-15 Correct the Facial Deficiencies of Federal Rules of Evidence 413-15

Abstract

INTRODUCTION|On May 20, 2009, Nebraska Governor Dave Heineman signed into law three new Nebraska Rules of Evidence ("Nebraska Rules 413-15" or "Nebraska Rules"). Nebraska Rules 413-15 became operative on January 1, 2010. Nebraska Rules 413-15 are patterned after, but are not identical to, Federal Rules of Evidence 413-15 ("Federal Rules 41315" or "Federal Rules"). Both the Federal and Nebraska Rules provide for an exception to the general evidentiary rule that prohibits the admission of evidence of an individual's character for the purpose of showing that, on a particular occasion, he or she acted in conformity therewith ("prior/past bad acts evidence" or "prior/past bad sexual acts evidence"). Both the Federal and Nebraska Rules are applicable only in cases dealing with sexual assault and child molestation. The Nebraska Unicameral passed the Nebraska Rules because of concern that without them, sexual predators often have an easy task...