[Download] "People V. Brown" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: People V. Brown
- Author : Supreme Court Of California
- Release Date : January 17, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Historically, under the common law fresh-complaint doctrine, evidence that the alleged victim of a sexual offense disclosed or reported the incident to another person shortly after its occurrence has been held admissible, as part of the prosecution's case-in-chief, in a subsequent criminal prosecution for that offense. In California, the governing decisions have explained that the victim's extrajudicial "complaint" is admissible for a limited, nonhearsay purpose -- namely, simply to establish that such a complaint was made -- in order to forestall the trier of fact from inferring erroneously that no complaint was made, and from further concluding, as a result of that mistaken inference, that the victim in fact had not been sexually assaulted. (See e.g., People v. Burton (1961) 55 Cal. 2d 328, 351, 11 Cal. Rptr. 65, 359 P.2d 433.)*fn1
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