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Study On The Admissibility Of Defendant’s Character Evidence In Sexual Crimes

Posted on:2019-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:W W SongFull Text:PDF
GTID:2416330596963509Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Character evidence is an important part of the law of evidence.Character evidence is inevitably biased due to the examination of the character of the party and the inevitable prejudice of the character evidence.The character evidence should be strictly controlled in practice.Whether in Continental law system or in the Anglo American law system,the character evidence should be ruled out in principle,but the defendant’s character evidence in sexual crimes is an exception.Identify the admissibility from both the value and the science dimensions.The current academic circles are mainly adopted based on the consideration of value.From the perspective of policy,it is considered that sexual crime cases need to be severely cracked,and there are few evidences in sexual crime cases.The case is not easy to detect.Introducing character evidence will help to identify the facts of the case and relevant evidence.As for the scientific dimension,from the perspective of physiological psychology,find another reasonable basis for the application of character evidence in sexual crimes.Sexual offenders have a high possibility of sex hormones;mental disorders may lead to sexual crimes,especially in sexual crimes against children,the accused has abnormal sexual sputum;explore whether chromosomal abnormalities can effect sexual crimes.The physiological characteristics of sexual crimes will have certain effects on psychology,such as the psychological tendency of selfishness and infringement,as well as their own ability to suppress,which has a greater impact on sexual offenders and sexual assault.Moreover,the study found that sexual offenders have higher repetitive behaviors,that is,the possibility of recidivism is greater.Through the study of physiological psychology,the physiological-psychological-behavioral model,a new path has been found for the adoption of the defendant’s character evidence in sexual crimes.
Keywords/Search Tags:Sexual crime, defendant character evidence, physiological psychology, admissibility, value and science
PDF Full Text Request
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