Evidence-Wellborn SU2006 Outline

For other purposes the evidence is admissible if it

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Unformatted text preview: is how all rape-shield laws should work.... Evidence of past sexual behavior is not allowed to prove character of victim in order to show conformity therewith but is admissible for other purposes (to show that the V had sexual knowledge, had a previous sexual relationship with the D etc.) Note: Rules 404, 407, 408, 409, 411 do not bar character or other act evidence, subsequent remedial measures, offers of compromise, payment of medical expenses or liability insurance per se; they only prohibit the respective categories of evidence if offered for a particular unacceptable purpose. For other purposes, the evidence is admissible, if it meets the general relevancy requirements of Rules 401 and 403. The typical rape shield provision, by contrast, bars evidence of sexual character, reputation, or conduct without regard to purpose or relevancy. o See Nevada which originally had no exceptions. o FRE 412 states a couple of specific exceptions and a troubling "constitutionally required to be admitted" exception. Hawaii revisers are probably correct that the "original intent"...
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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.

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