Evidence-Wellborn SU2006 Outline

Holding no whole purpose of 404a1 is to allow the

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Unformatted text preview: d a good community reputation for truthfulness and lawfulness. So now, exception 404(a)(1) applies and the government may bring in evidence to rebut this. Does the uncharged evidence properly fit into this exception? Holding: No! Whole purpose of 404(a)(1) is to allow the government to challenge the defendant's character witnesses by cross-examining them about their knowledge of "relevant specific instances" of the defendant's conduct. In this case the uncharged offense was one that would not be made known to the community so asking the witness if he knew of the offense does not go to rebut the witness's credibility in his statements! Notes: Circumstantial use of character evidence Exception for criminal defendant: Rule 404(a)(1) expresses the first exception to the general rule that bars character evidence to prove conformity. A criminal defendant may offer evidence of his good character to support an inference that he acted in conformity with that good character and thus did not commit the crime with which...
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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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