Arizona Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.

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Cautionary Instruction - Similar Acts Evidence (Rule 40 4(b), F.R.E.): This is a sample jury instruction. It relays to the members of the jury all laws concerning evidence presented at trial of similar acts of the Defendant. This form is available in both Word and Rich Text formats.

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FAQ

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.

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 ...

Section 404(b)(2) permits the court to exclude evidence of a crime, wrong, or other act that is offered for a proper purpose (e.g., to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident) if the risk of unfair prejudice simply outweighs the probative value ...

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.

This rule provides that evidence of other crimes, wrongs, or acts is not admissible to prove character but may be admissible for other specified purposes such as proof of motive.

Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.

Pa. R.E. 404(b)(1) is identical to F.R.E. 404(b)(1). It prohibits the use of evidence of other crimes, wrongs, or acts to prove a person's character.

Character evidence not admissible to prove conduct; exceptions; other crimes. (a) Character evidence generally. ? Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (1) Character of accused.

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Arizona Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.