Evidence-Wellborn SU2006 Outline

Scope and purpose of rule 404b begins by restating

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Unformatted text preview: idence sufficient to support a finding by A PREPRONDERANCE OF THE EVIDENCE that the D committed the act. Texas Rules: Admissibility of evidence of an extraneous offense under these rules requires evidence sufficient to support a finding BEYOND A REASONABLE DOUBT that the D committed the act. Scope and purpose of Rule 404(b): Begins by restating the prohibition on use of character evidence to prove conforming conduct, but then goes on to provide that evidence of other crimes, wrongs or acts is admissible when it is offered to prove something other than character and then provides a smorgasbord of possible alternative uses for such evidence. RULE OF INCLUSION, not EXCLUSION. Permitting the introduction of other crimes evidence poses the danger that the jury will view it as reflecting on the party's character and reach a verdict because it has concluded that the party is a bad person deserving of punishment. Protection against such a danger comes from four sources: 1. Adherence to command of Rule 404(b) that such evidence must be admitted only for a non-character purpose 2....
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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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