Term
|
Definition
| based in large part on the Federal Rules of Evidence |
|
|
Term
|
Definition
| 2 prong test to determine whether statements are plea discussions. (i) Whether the defendant exhibited an actual subjective expectation to negotiate a plea at the time of the discussion, and (ii) whether the defendant's expectation was reasonable given the totality of the objective circumstances. |
|
|
Term
| Rape victim's past behavior |
|
Definition
| UNLIKE the FRE, KY does NOT explicitly recognize an exception to its rape shield law where the exclusion of evidence would violate the defendant's constitutional rights. However, KRE provide that "any other evidence directly pertaining to the offense charged is admissible" - this is used to admit otherwise inadmissible evidence that tends to show alternative explanations for medical findings that implicate a defendant (ex: allowing evidence of a child victim's previous sexual encounter in order ot explain certain medical evidence showing that the victim had experienced penetration, thus rebutting the inference that the defendant was the only person who could have penetrated the victim) |
|
|
Term
| Prior acts of sexual assault or child molestation |
|
Definition
| KY has NOT adopted specific rules regarding the use of prior acts evidence in cases of sexual assault or child molestation |
|
|
Term
|
Definition
| in KY, a judicially noticed fact is conclusive in BOTH civil and criminal cases |
|
|
