Evidence-Wellborn SU2006 Outline

Burden of proof on impeaching party all other

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Unformatted text preview: e not SUBSTANTIALLY outweighed by prejudice) With respect to the accused: Evidence of prior convictions of crimes punishable by more than one year in prison, is only admitted if the probative value outweighs the prejudice (probative value not outweighed by prejudice). stricter test! Evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment!! NO BALANCING TEST Texas Rule 609 on Impeachment by Evidence of Conviction of a Crime differs from the federal rule in several respects: Allows impeachment by crimes involving "moral turpitude" regardless of punishment, as opposed to the federal standard of "dishonesty or false statement" Requires a balancing of probative value against unfair prejudice for all convictions (no balancing under the federal rules for crimes involving dishonesty or false statement) Employs the same strict balancing test regardless of the type of conviction and whether the witness is the accused (federal rule requires the strict balancing test (probative value outweigh pre...
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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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