Evidence-Wellborn SU2006 Outline

Scope and purpose rule 405 rule 405 prescribes the

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Unformatted text preview: form of opinion. On cross examination, inquiry is allowable in to relevant specific instances of conduct. Texas Rule: Same as federal rules but has the following additional language: In a criminal case, to be qualified to testify at the guilt stage of trial concerning the character or character trait of an accused, a witness must have been familiar with the reputation, or with the underlying facts or information upon which the opinion is based, PRIOR to the day of the offense! Scope and purpose Rule 405: Rule 405 prescribes the permissible methods of proving the character or trait of character of a person. IT must be viewed in relation to Rule 404, which severely restricts the use of character evidence in any form for the purpose of proving a person's conduct on a particular occasion. Three methods of proof: reputation, opinion, specific instances conduct. When character is in issue (element of crime or defense), any or all three methods may be used. o Example: Entrapment defense. Defendant's lack of predisposition to commit the offense is an element and a trait of...
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