Evidence-Wellborn SU2006 Outline

When demonstrating someones character you cannot use

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Unformatted text preview: efendant has a bad reputation but when asked if he has heard anything bad about the witness he says no? Happens when you have a law enforcement person as the witness whom relies only on things known in the law enforcement community not in the general community. When demonstrating someone's character you cannot use acts: Proliferates issues Common law used only reputation because the idea was opinion is subjective but by definition you only have one reputation objective. Didn't work very well modern rule allows for you to give your opinion because when you say someone has a good reputation you are really just stating your opinion. Character an element of claim or defense: Rule 404(a) does not apply if a person's character is directly in issue that is, if it is "a material fact that under the substantive law determines rights and liabilities of the parties." In such an instance, the character evidence is not being used to prove conformity. Instances where character may be an element of a charge or defense: o Entrapment o Negligent ent...
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