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This 2 page Class Notes was uploaded by Hannah Notetaker on Thursday September 8, 2016. The Class Notes belongs to POLI 3380 at Auburn University taught by Dr. Clifton Perry in Fall 2016. Since its upload, it has received 10 views.
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Date Created: 09/08/16
9/8/16 Rule 404a: Character Evidence defendant oﬀers character witness prosecution can cross-examine this witness and try to impeach them on personal knowledge or other examples they also could rebut the character witness’s characterization by oﬀering another character witness who says the character is opposite what the ﬁrst one said it was defendant can introduce evidence about a person’s character only if the trait correlates to the issue example: being a war hero will not help you with embezzlement hits on people’s character - evidence that proves one’s character rather than an action prohibits prosecution to show that someone acted in conformity with their character case example: US v. Buron and Michelson 1994 Congress passes rules 413, 414, and 415 - turns 403 upside down because they are talking about sexual assault and child molestation Rule 413: similar crimes in sexual assault cases permitted uses: in a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant. This means that they can bring up other sexual assault case is they apply to this certain case (ex. similar motives) disclosure: if the prosecutor intends to oﬀer their evidence, the prosecutor must disclose it to the defendant, including witness’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before the trial or at a later time that the court allows for good cause. eﬀect on other rules: this rule does not limit the admission or consideration of evidence under any other rule Rule 414: similar crimes in child molestation cases exactly like 413 except change out the word “child” and “oﬀenses of child molestation” in appropriate places this applies to anyone under the age of 14 Rule 415: similar acts in civil cases involving sexual assault or child molestation permitted uses: in a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any sexual assault or act of child molestation. The evidence may be considered. (so they are allowed to enter evidence in that proves they did it) disclosure: if a party intends to oﬀer this evidence, the party must disclose it to the opposing party, including witness statements or a summary of the expected testimony. They must do so at least 15 days before trial or at a later time that the court allows for a good cause. eﬀect on other rules: this rule does not limit the admission or consideration of evidence under any other rule
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