Evidence-Wellborn SU2006 Outline

Very formulaic succinct 2 a witnesses may testify to

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Unformatted text preview: 10 times? (very effective tool) i. Yes = makes the witness seem like a liar ii. No = makes the witness seems like he doesn't know this man at all The prosecution can bring in other witnesses to rebut the claimed character trait But limited...very formulaic & succinct a. Witnesses may testify to the accused's bad character. 2. No good way to answer the question: "Did you know that he has been convicted of crimes of aggravated felonies?" Yes I'm a liar No, I don't really know this man well at all. Always damaging!! Two requirements before utilizing cross-examination questioning: Government must demonstrate a good faith factual basis for the incidents raised during cross-examination of the witness o Requires that the prosecutor possess a good faith belief that the described events are of a type "likely to have become a matter of general knowledge, currency or reputation in the community." The incidents inquired about must be relevant to the character traits at issue in the case Throw in law-abiding, anything (any previous offense etc.) is pertinent! Reason as a defense attorney you want to stick with more specific things: Truthfulness, peaceable. Wasn't indicted with...
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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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