Friday, June 22, 2007

I'm Sure the Problem Lies With My Illogical Brain

* Nebraska Revised Statutes
Section 27-403
Rule 403. Exclusion of relevant evidence; reasons.

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Laws 1975, LB 279, 13

(emphasis mine, hat tip to Marcella)

I'm still trying to figure out how "rape" and "victim" are not only "unfairly prejudicial" - or at least more so than being able to say that "they had sex" - but are "unfairly prejudicial" to such an extent that they override any and all concerns about the language used during the trial being "misleading" or causing "confusion."

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