Evidence-Wellborn SU2006 Outline

Accused may offer evidence of the alleged victims

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Unformatted text preview: character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor. Accused may offer evidence of the alleged victim's character (in the form of reputation or opinion testimony, not specific acts) to show that the alleged victim acted in conformity this character. Invoked when d claims he acted in self-defense and offers evidence of the alleged victim's violent character to prove the alleged victim was the first aggressor. Prosecution can then rebut: o Offer evidence of alleged victim's peaceable character (opinion or reputation testimony, not specific acts) Rebut by offering evidence of the same trait of character of the accused (thus if an accused offers evidence of the alleged victim's violent character, the prosecution may offer evidence of the accused's violent character) o 404(a)(2) contains a special provision for homicide cases: Prosecution may offer evidence of the alleged victim's peaceable character in response to any kind of evidence that...
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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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