Evidence-Wellborn SU2006 Outline

Fre 903 subscribing witness testimony unnecessary the

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Unformatted text preview: , would be more troubling if it was a sex or age case where the law is more complicated...whereas race doesn't make any difference, but men and women are different and young and old people are different. Legal flushing out of what constitutes sex or age discrimination is more technical, and might deviate from what a lay person might think....but in the race case, most lay people and the law are on the same page (HENCE HARMLESS ERROR)....probably wouldn't be HARMLESS in a sex or age case. UNITED STATES v. THIGPEN [Opinions and Expert Testimony Opinion on Ultimate Issue, Expert Testimony re: Mental state or condition constituting an element of the crime charged, FRE 704(b)] Facts/Procedural Posture: Thigpen charged w/ making false statements concerning his criminal background when purchasing three pistols His sole defense was insanity At trial, two psychiatrists testified that Thigpen was schizophrenic. During prosecutor's cross of psychiatric expert called by defense, they asked if a person suffering from schizophrenia would be unable to appreciate the nature of wrongfulness of his actions. Thigpen objected to...
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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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