I am a law student at The University of Texas at Austin and am writing a seminar paper that will propose that Texas adopt FRE 413 + 414 in juvenile proceedings. This would allow prosecutors to prove other crimes (charged and uncharged) during the course of the true/not true phase of a juvenile sexual assault trial (an exception to the propensity evidence bar). i think this would be particularly useful in juvenile proceedings where our major emphasis is on rehabilitation and there seem to be problems getting a jury to believe a child when it's just his/her word against that of another child.<BR>I am looking for as many opinions on the subject as I can get, from both prosecutors and defense attorneys. I also would like to know what the major problems in getting a jury to believe a child victim are, and if you all think that this solution could aid in these type of prosecutions. This is the current federal rule of evidence and a few other states (about 5) allow it as well. I am only proposing that it be used in juvenile cases.<BR>Thank you so much and if you want more info feel free to email me AliDevoy@aol.com and I will quickly respond.<P>[This message was edited by Alicia Devoy on 03-21-02 at .]please type reply or email and I will get back with you ASAP

Texas has adopted a statutory provision that permits admission of evidence of other sexual offenses committed against a child, if they involve the same victim as being prosecuted. See article 38.37, Code of Criminal Procedure.

John Bradley
District Attorney
Williamson County, Texas