Evidence-Wellborn SU2006 Outline

The evidence must be relevant under rule 401 and must

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Unformatted text preview: of the shield laws was to bar sexual character and conduct evidence only if offered to prove conforming conduct, i.e. to support a consent defense. The laws were not so written however, with the result that the courts have had to struggle with many uncontemplated problems, and frequently have had to resort to constitutionally-based decisions like Summitt and Doe. o Hawaii's revision conforms Rule 412 to the structure of the other restrictive article 4 provisions (404, 407, 408, 409, 411) does not open the door to all prior sexual conduct evidence that is offered for a purpose other than to show consent. The evidence must be relevant under Rule 401 and must survive scrutiny under rule 403. Character Evidence in Civil Cases [FRE 404, 405] FRE 404: Character Evidence Not Admissible to Prove Conduct; Exceptions. Allows for evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same. Also allows for pertinent trait of character of the alleged vict...
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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 at Austin.

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