Evidence-Wellborn SU2006 Outline

Character of witness o evidence of the character of a

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: the alleged victim was the aggressor. Rule 412 governs the admissibility of evidence concerning the alleged victim's other sexual behavior or sexual predisposition. Character of Witness o Evidence of the character of a witness, as provided in rules 607, 608, and 609. Texas Rule 404(a) differs from Federal Rule 404(a) in two respects: 1. Evidence of good character: Civil and criminal cases o Texas Rule 404(a)(1)(B) provides that, in a civil case, a party accused of conduct "involving moral turpitude" may offer evidence of good character, and that the accusing party may offer character evidence in rebuttal. o Federal Rule provides only that an "accused" may offer evidence of good character and that the "prosecution" may rebut The exceptions in Rule 404(a)(1) and (2) employ the terms "accused" and "prosecution" and the Advisory Committee's Note indicates that these exceptions were intended to apply only in criminal cases. Nevertheless, some courts have authorized the invocation of these exceptions in civil litigation in which th...
View Full Document

Ask a homework question - tutors are online