Evidence-Wellborn SU2006 Outline

It was an accident if we had evidence that mcrae had

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: e before they released him on parole) because all of the other similarities were not distinctive. Other acts used to prove absence of mistake or accident Often overlaps with intent Prior acts evidence in this case could be particularly relevant because of the doctrine of chances: the more often an accidental or infrequent incident occurs, the more likely it is that its subsequent reoccurrence is not accidental or fortuitous. "It was an accident" If we had evidence that McRae had previously attempted to murder his wife, or had solicited someone else to murder his wife than that would help to resolve the question whether it was an accident....again, you can call that intent or absence of mistake or accident. Example I forgot to pay for that stuff (mistake), if you have evidence that he has been prone to steal from other places it makes it seem less likely that it is a mistake or accident Doctrine of chances: Accident and inadvertence are rare and casual; so that the reoccurrence of a similar act tends to persuade us that it is not to be explained as inadvertent or accidental. o Frequent erroneous additions in the bookkeeper's own favor in the same year and in the same book of accounts go to exclude the explanation of casual error, and leave delibera...
View Full Document

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.

Ask a homework question - tutors are online