Evidence-Wellborn SU2006 Outline

Child would not have knowledge of these events unless

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Unformatted text preview: ces (such as sexual cognizance or something) than it may be admissible, subject to 403. In Summitt you see the worst of these laws any evidence about a character's past sexual behavior is inadmissible period! Nevada was found unconstitutional. Violated confrontation clause. Almost every jurisdiction has a case like this! New Hampshire the girl was 12, not as great of a case for admissibility as in Summitt where the girl was 6 (and very unlikely to have knowledge of the sexual events she described unless she was either assaulted by Summitt or previously assaulted). Child would not have knowledge of these events unless they had happened to her [reason you have to bring in evidence of her previous assault] Problem is, you can't do this by having a fixed number of exceptions, you will never be able to visualize all of the ways in which some other act might be relevant! Violation of due process to exclude highly probative defense evidence without a good reason. Look at FRE 412 It says inadmissible, but the exceptions...
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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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