Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: case, the kind of evidence addressed by Rule 412 would nevertheless be severely restricted by Rule 404). Scope of rule in Criminal Cases: o Texas rule proscribes the use of reputation or opinion evidence regarding a sexual assault complainant's past sexual behavior. It allows specific instance evidence only if it is offered for one of five enumerated purposes and meets a balancing test. o Federal Rule generally excludes in criminal cases any evidence of the sexual behavior or "sexual predisposition" of any alleged victim of sexual misconduct. Contains three enumerated exceptions. Procedural provisions o Federal rule = more detailed; requires that the D file a written motion of his intent to offer such evidence that describes the evidence and the purpose for which it is being offered. Federal Rule Notes: Note: Rule 412 governs in all criminal cases involving alleged sexual misconduct, even if the alleged victim or the person accused of the sexual misconduct is neither the complainant n...
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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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