Third-Party Culpability Evidence; Holmes v. South Carolina, 547 U.S. 319 (2006) and More

Criminal Law Bulletin, Vol. 43, No. 1, p. 105, January/February 2007

University of Miami Legal Studies Research Paper No. 2008-10

Posted: 7 Mar 2007

See all articles by Michael H. Graham

Michael H. Graham

University of Miami - School of Law

Multiple version iconThere are 2 versions of this paper

Abstract

Justice Alito, speaking for a unanimous United States Supreme Court in Holmes v. South Carolina, - U.S.-, 126 S.Ct. 1727, 164 L. Ed.2d 503 (2006), held that a criminal defendant's constitutional rights to have a meaningful opportunity to present a complete defense are violated by an evidence rule addressing the admissibility of evidence of third-party guilty under which the defendant may not introduce evidence of third-party guilt if the prosecution has introduced forensic evidence that, if believed, strongly supports a guilty verdict. Ultimately, each and every situation where evidence of third-party culpability is offered is unique. The only constant is that as set forth herein, the constitution as eluded to in Holmes as well as the rules of evidence properly construed require admission of evidence of third-party culpability if, and only if, the probative value of such evidence, everything considered, i.e. its legitmate tendency, is sufficient to raise a reasonable doubt as to the guilt of the criminal defendant on trial for the commission of the crime. Finally,was Justice Alito wise in Holmes in preserving the current state of the law with respect to the admissibility of evidence of third-party culpability offered by the criminal defendant? Yes. While certainly not as transparent as one would like, the current state of the generally accepted common law with respect to third-party culpability is not only constitutional but probably as specific and useful as possible in governing the admissibility of evidence of third-party guilt. In this context the job of transparency belongs best in the hands of lower court judges and commentators.

Keywords: Third-Party Culpability, Holmes v. South Carolina

JEL Classification: K10, K14, K19

Suggested Citation

Graham, Michael H., Third-Party Culpability Evidence; Holmes v. South Carolina, 547 U.S. 319 (2006) and More. Criminal Law Bulletin, Vol. 43, No. 1, p. 105, January/February 2007, University of Miami Legal Studies Research Paper No. 2008-10, Available at SSRN: https://ssrn.com/abstract=967762

Michael H. Graham (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

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