Evidence-Wellborn SU2006 Outline

After he testified gov recalled one of its witnesses

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Unformatted text preview: 404(b), o 608 would say you can ask the witness to admit a previous act of untruthfulness (such as these false statements) but you can't offer extrinsic evidence....and these parties want to offer extrinsic evidence. o The law here is a matter of consensus, in Smith as in a number of other cases, one of the things the prosecution has argued to try to keep out evidence of prior false charges is Rape Shield. (doesn't work because this isn't sexual conduct). But prosecution can also say you are just showing untruthful character (under 404(a)) you can't say well she lied in these instances, so she's probably lying here) If you meet prima facie case to show evidence that the accusation was made, and evidence that it was false then it can be shown to the jury. MAIN POINT! So basically, when it comes to previous false statements (in insurance and rape cases) 404 and 608 don't govern!! Much more specific pattern of behavior than just "she lies" o Distinction is, in Gustafson you are asking him if he did very non specific things that are not related to the crime he is charged with (that's...
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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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