Evidence-Wellborn SU2008 Character Rules

Evidence-Wellborn SU2008 Character Rules - A 1 2 404(a)(1)...

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Criminal Civil Evidence Types/ Special Tests Rule Cross Permissions 404(a)(2) Character of the Victim 404(a)(3) Character of the Witness 404(a)(1) Character of the Accused The prosecution may only raise the character of the accused if it manages to put a particular character trait in issue in the indictment as an element of the offense charged. In civil cases in federal courts, character evidence of defendant not allowed. A criminal defendant has the option of putting his character in issue by introducing evidence of his good character. This "opens the door" to a character attack by the prosecution. The defendant may only introduce evidence of a victim's character either to support a defense, or to support a claim of consent. If the defendant offers evidence of a trait of the victim, the prosecution can offer evidence of the same trait of the accused. The Prosecution may Introduce Evidence of a Victim's Character in two Situations: 1) In a Homicide Case , the prosecution may offer evidence of the victim's peaceable character to rebut evidence that the victim was the first aggressor. 2) Where the Accused is Claiming a Defense Which Creates an Implication About the Victim's Character, some cases suggest that the prosecution may introduce positive evidence as to the character of the victim. In a civil case for assaultive behavior , a defendant may not offer evidence to the victim’s violent character. That can only be done in criminal trials. a. Credibility. If a witness's character for truthfulness or untruthfulness that is allowed bears on his credibility, it may be attacked and subsequently supported by reputation or opinion evidence. b. Conviction of a Felony . If within ten years a witness has been either released from confinement or convicted of a crime punishable by death or imprisonment for more than one year or of a crime involving dishonesty, evidence of that conviction may be introduced. a. Credibility. If a witness's character bears on his credibility, it may be attacked and subsequently supported by reputation or opinion evidence. Reputation and Opinion. Also, the judge must find that the probative value of the evidence outweighs possible prejudice against the defendant. A B C D E 1 2 3 4 5 6
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404(b) Other Crimes, Wrongs, Acts 405 Methods of Proving Chracter Evidence of other crimes or bad acts may not be admitted to show that a person acted in a similar manner on a given occasion, but it may be admitted to show by a preponderance of the evidence: a. Acts as part of a Scheme or Conspiracy. b.
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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Evidence-Wellborn SU2008 Character Rules - A 1 2 404(a)(1)...

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