Evidence-Wellborn SU2006 Outline

Untruthful character reputation witness a witness who

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Unformatted text preview: eld law prohibits testimony regarding the victim's past sexual behavior o The evidence in this case does not involve the victim's past sexual conduct but rather the victim's propensity to make false statements re: sexual misconduct. In situations of prior false statements (narrow line of cases including rape and false insurance claims) extrinsic evidence may be introduced to prove the false statements if the court makes a determination that a reasonable probability of falsity exists! Notes: Very special line of cases: False charge of rape o Defendant wants to shows a pattern of similar false accusations and wants to do it by extrinsic evidence. Parallel to another special line of cases (Mentioned in notes): False insurance claims. Question is: Can these other acts (other false charges of rape/false insurance claims) be admitted and be shown by extrinsic evidence? Two pertinent rules in this case: o 404 and 608 o If this is viewed to show propensity for a certain type of conduct, then it would be barred by 404 unless we can justify admitting it as somehow not character under...
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