Evidence-Wellborn SU2006 Outline

o example inadmissible d was charged with illegally

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Unformatted text preview: he is charged. But note: The evidence must relate to a character trait pertinent to the charge. (Like in Monteleone truthfulness pertinent to whether or not he was just giving his brother the gun to get it repaired for him.) o Example Inadmissible. D was charged with illegally bringing an alien into the country. Evidence of his character as a good family man and a kind person was held inadmissible, as it was not pertinent to the crime charged. Evidence that an accused is "law abiding" is always admissible under 404(a)(1). Note: Witness may not offer evidence of specific acts suggesting good character. Question: Why can we bring in good character but not bad character? Good character is generally more probative than bad character. o o The fact that you are prone to burglary isn't probative that you committed that particular burglary, there are a million burglars. Whereas if you bring in evidence that he is a good man, he would be unlikely to commit ANY burglary seems to be at least a little more probative...and that's when the government's evidence of his proneness to burglarly becomes probative. Form of character evidence: Reputation evidence o Reputation witness must be qualified...
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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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