(DOWNLOAD) "Richard Nitz v. State Alaska" by Court Of Appeals Of Alaska " Book PDF Kindle ePub Free
eBook details
- Title: Richard Nitz v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 06, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In this case, we must determine the extent to which evidence of prior consistent statements may be admitted to bolster the testimony of the victim in a case involving the sexual abuse of a child. We hold that evidence of consistent statements made by the victim on prior occasions may be admitted, provided that it is actually relevant to rebut an express or implied charge of recent fabrication or improper motive or influence, and provided that its probative value outweighs its potential for prejudicial impact. Before such evidence is admitted, however, the victim must testify and be subjected to a charge of recent fabrication or improper motive or influence. Furthermore, when it appears that the alleged motive to testify falsely arose before the prior statement was made, the statement may be admitted only for the purpose of rehabilitating the victims credibility and may not be considered as substantive evidence of guilt. In the present case, we conclude that a reversal of Nitz conviction is required, because extensive evidence of prior consistent statements was admitted at trial without any determination of its actual probative value and before any charge of recent fabrication or improper motive or influence was made against the victim.