We continue with Policy-Based Exclusions, covering FRE 407-409 and 411 (skip 410). Note that FRE 408 is very confusing in its text, so take the time to parse it out. WPrep the remaining problems for this section. Please note, by the way, that the policy of a rule does not determine whether evidence comes in or not; the text of the rule decides that. The policy justifies the rule and perhaps gives guidance as to what the text means and how to apply it. But look to the text, not the policy, in arguing and deciding an evidentiary issue.
We move to Sexual Assault Rules, covering FRE 412
(the rape-shield) and FRE 413-415 (other acts of sexual assault and
child molestation). How do these rules fit together? What is their
purpose or policy goals; do they achieve those goals; and do those goals
make sense? Why make special rules for sexual assault? What does "sexual predisposition" entail for FRE 412 purposes?
