Tuesday, May 14, 2013

Wisconsin's 'Greater Latitude' Rule

Wisconsin's 'Greater Latitude' Rule: A Backdoor to Unconstitutional Propensity Evidence, Comment [pdf] by Nicholas L. Hahn, Wisconsin Law Review, Volume 2012, No. 6
'Wisconsin’s greater latitude rule is unconstitutional as a due process violation because it not only admits propensity evidence, but it also fails to exclude evidence when its undue prejudice substantially outweighs its probative value. ...'