Evidence-Wellborn SU2006 Outline

O opinion witness must have sufficient familiarity to

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Unformatted text preview: by showing that the witness has a sufficient acquaintance with the defendant, the community in which he has lived or worked, and the circles in which he has moved to speak with authority of the terms in which he is generally regarded. o Opinion witness must have sufficient familiarity to be qualified to express the opinion. Character evidence o Conduct on a particular occasion = "circumstantial" use of character [404(a)] Generally forbidden except for the exceptions under 404 o Acts not to show conduct, but for some other purpose General opinions, not dealing with specific instances but can ask about specific instances on cross. Evidence of other acts Common law allowed only evidence of reputation: Now you may show character evidence as well Circumstantial use of character evidence for criminal defendant rebuttal by prosecution: Once the defendant has offered evidence of his good character, the prosecution can rebut. IN this instance, two bad things can happen: 1. The prosecution can cross examine that witness to prove discredibility of witness a. You say he is an honest man, but didn't you know that he was convicted of embezzlement...
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