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Criminal

Aug. 28, 1999

Character Assassination

For experienced criminal defense attorneys, "propensity" evidence is the equivalent of fighting words. Long-standing precedent suggests that such evidence violates an accused's right to due process. Boyd v. United States , 142 U.S. 450 (1892); Michelson v. United States , 335 U.S. 469 (1948); Estelle v. McGuire , 502 U.S. 62 (1991); and McKinney v. Rees , 993 F.2d 1378 (1993).

        By Tami J. Buscho
        
        For experienced criminal defense attorneys, "propensity" evidence is the equivalent of fighting words. Long-standing precedent suggests that such evidence violates an accused's right to due process. Boyd v. United States, 142 U.S. 450 (1892); Michelson v. United States, 335 U.S. 469 (1948);...

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