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61 Ark. L. Rev. 107 (2009)
A Dangerous Leap: The Admission of Prior Offenses in Sexual-Assault and Child-Molestation Cases in Arkansas

handle is hein.journals/arklr61 and id is 111 raw text is: A Dangerous Leap: The Admission of Prior Offenses in Sexual-Assault and Child- Molestation Cases in Arkansas I. INTRODUCTION One of the values that lies at the foundation of the American criminal-justice system is the defendant's presumption of innocence. At the very core of that presumption is the tradition that the defendant will be tried only for the wrongs charged and not for who he is or what he has done otherwise in his life.' These principles rest upon the spirit of fair play which, perhaps more than anything else, distinguishes Anglo-American law from the jurisprudence of other nations.2 To ensure this spirit of fair play, justice requires that a man be convicted based only on the merits of the crimes charged; if there be any other offenses, they may be examined separately in a court of law where proper findings can be made.3 This ideal generally holds true-unless that defendant happens to be charged with a sex offense in the State of Arkansas. Arkansas has codified this principle in Arkansas Rule of Evidence 404 which generally prohibits the admission of character evidence.4 The purpose of this rule is to protect criminal defendants from being convicted based on who they are instead of whether they committed the crime charged.5 Through a gradual progression over the last century, the Arkansas Supreme Court has carved an exception to Rule 404's prohibition on character evidence for cases involving sexual The author would like to thank Don Judges, E.J. Ball Professor of Law, University of Arkansas School of Law, and Justin Jones, J.D. 2007, University of Arkansas School of Law for their time, advice, and support throughout the editorial process. The author would also like to thank his mother, Susan Cossey, for continuing her constant support throughout this endeavor. 1. Alford v. State, 223 Ark. 330, 334, 266 S.W.2d 804, 806 (1954). 2. Id. at 333-34, 266 S.W.2d at 806. 3. Id. at 334, 266 S.W.2d at 806. 4. ARK. R. EvID. 404. 5. See Alford, 223 Ark. at 333-34, 266 S.W.2d at 806.

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