Arizona Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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Definition: The MIMIC Rule is a legal principle that allows evidence of a defendant's past misconduct or crimes to be presented in court for a specific purpose other than showing their criminal disposition.
Arizona Evidence Rule 404(b) states as follows: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.
Character Evidence; Crimes or Other Acts (a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
Legal Overview. Rule 404(a) establishes the baseline rule that character evidence is generally not admissible in a criminal trial for the purpose of showing ?propensity? ? that is, for the purpose of showing that the person likely acted in a way that is consistent with that character trait on a particular occasion.
Rule 40 - Trial Procedures (a) Scope. This rule governs jury trials and, to the extent applicable, trials to the court. (b) Objectives. The court should adopt trial procedures as necessary or appropriate to facilitate a just, speedy, and efficient resolution of the action.
The MIMIC Rule refers to the purposes for which a court will allow the introduction of evidence of prior crimes, wrongs, or actions of a defendant. Federal Rule of Evidence Rule 404(b) prohibits the use of such evidence for the purpose of proving a criminal disposition or character.
Rule 404(b) of the Federal Rules of Evidence makes inadmissible most character evidence regarding crimes or acts for which no charges were filed, but this rule should not be used to eliminate evidence of criminal activity committed by the defendant at the same time as the crime charged, as a predicate to the crime ...
