It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of proof be admissible for any purpose? Obviously, more facts may be needed depending upon the circumstances of a particular case, but these will be added; meanwhile, the basic problem situation is posed.
James W. Payne Jr.,
The Law Whose Life Is Not Logic: Evidence of Other Crimes in Criminal Cases,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol3/iss1/5