Evidence-Wellborn SU2006 Outline

In situations of prior false statements narrow line

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Unformatted text preview: er 608(b). Issue: Did the trial court err in ordering Gustafson to answer the question regarding the 4-wheel drive truck? Holding: Yes! Gustafson claimed his privilege against self-incrimination regarding his possession of the truck. Rule 608(b) provides that the privilege against self-incrimination is preserved in such circumstances and it was prejudicial error to require Gustafson to answer the question. Notes: By voluntarily testifying you don't waive self-incrimination as to matters that go only to credibility. If you voluntarily testify there is an implied waiver of self-incrimination for matters that bear on the substance of your case... o You don't waive questions about your own life....608(b) questions are only offered for credibility, so there is no waiver when you take the stand!!! What sort of bad acts are relevant to character for truthfulness and which are not?? o Broader than 609(a)(2) obviously an act that involves deceit and it doesn't have to be criminal Acts in the nature of theft Acts that i...
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