Evidence-Wellborn SU2006 Outline

However fre 405 limits the type of character evidence

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Unformatted text preview: his character; therefore, trial court erred in excluding defendant's lack of criminal or arrest record. When character is permitted to be shown circumstantially under one of the exceptions in Rule 404(a), only reputation and/or opinion evidence may be used; specific instances of conduct may not be proved for the purpose of establishing the pertinent trait. o Example: Evidence of the victim's aggressive character may be admissible to establish that the victim was the aggressor. However, FRE 405 limits the type of character evidence to reputation or opinion evidence unless the character or trait of character is an essential element of the charge, claim or defense. GOVERNMENTOF VIRGIN ISLANDS v. CARINO [Evidence Concerning the Victim in a Criminal Case: Homicide & Assault - FRE 404(a)(2), 404(b), & 405] Facts: Carino and Richardson used to date Two weeks after they broke up they got in a fight. Carino pulled a gun out of his jacket and fired at Richardson, shooting her with three bullets. Each claims two different...
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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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