A Profile of State Appellate Court Decision Making: Rape Shield and Conviction Appeals

State Constitutional Commentaries and Notes, Vol. 4, No. 4, pp. 1-15

10 Pages Posted: 10 Jul 2009

See all articles by Roger E. Hartley

Roger E. Hartley

University of Baltimore

Susette M. Talarico

University of Georgia - Department of Political Science

Date Written: 1993

Abstract

This paper offers a profile of state appellate court interpretation of rape shield provisions from the 50 states. Studying the corpus of appeals of rape convictions where the shield provision was challenged, we examine about 500 decisions of intermediate appellated decisions and courts of last resort. This preliminary analysis provides a profile of the nature of the conviction offense, characteristics of the court's opinion, and particular treatment of shield provisions. In the process, the research sheds light on the significance of statutory variation, state appellate court decision making, and the instrumental and symbolic dimensions of the more general rape law reform efforts.

Keywords: Rape Shield Laws, State Appellate Courts, criminal appeals, Appellate Courts, Rape, appeals, conviction

Suggested Citation

Hartley, Roger E. and Talarico, Susette M., A Profile of State Appellate Court Decision Making: Rape Shield and Conviction Appeals (1993). State Constitutional Commentaries and Notes, Vol. 4, No. 4, pp. 1-15, Available at SSRN: https://ssrn.com/abstract=1432135

Roger E. Hartley (Contact Author)

University of Baltimore ( email )

Baltimore, MD 21214
United States
828-458-0944 (Phone)

Susette M. Talarico

University of Georgia - Department of Political Science ( email )

104 Baldwin Hall
Athens, GA 30602
United States

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