Colorado Jury Instruction — CautionarInstructionio— - Similar Acts Evidence — Rule 404(b), F.R.E. In Colorado, the Cautionary Instruction related to Similar Acts Evidence operates under Rule 404(b) of the Federal Rules of Evidence (F.R.E.). Similar Acts Evidence refers to evidence that is presented in court to demonstrate a person's propensity to act in a particular way based on their past actions or behavior. The purpose of the Cautionary Instruction is to assist the jury in understanding and evaluating the evidence presented regarding the defendant's prior similar acts or conduct. By providing this instruction, the court aims to ensure that the jury does not misuse or misinterpret the evidence in a way that could unfairly prejudice the defendant's case. The jury is instructed to consider similar acts evidence only for limited purposes, such as determining the defendant's motive, intent, knowledge, absence of mistake, or as evidence of a common plan or scheme. The Cautionary Instruction emphasizes that the jury should not use this evidence to conclude that the defendant has a character flaw or is more likely to commit the current offense simply because of their past behavior. There are different types of Cautionary Instructions applicable to Similar Acts Evidence under Rule 404(b), F.R.E., in Colorado. These include: 1. Cautionary Instruction — General Similar Acts Evidence: This instruction is used when the prosecution presents evidence of the defendant's prior similar acts to establish motive, intent, knowledge, absence of mistake, or a common plan or scheme. It informs the jury about the limited purposes for which the evidence may be considered. 2. Cautionary Instruction — Hearsay Similar Acts Evidence: This instruction specifically addresses situations where the prosecution presents hearsay evidence of the defendant's prior similar acts. It reminds the jury to use caution when considering such evidence, as hearsay carries its own set of reliability concerns. 3. Cautionary Instruction — Limited Purpose Similar Acts Evidence: This instruction is employed when the court determines that the evidence of the defendant's similar acts is admissible for a specific limited purpose. It directs the jury to consider the evidence solely within the framework of that limited purpose and not to draw broader conclusions about the defendant's character. By providing these Cautionary Instructions, the court aims to safeguard the defendant's right to a fair trial while allowing the jury to appropriately assess the importance and relevance of similar acts evidence. It encourages the jury to weigh such evidence within the proper boundaries dictated by Rule 404(b), F.R.E., and to base their decision solely on the facts and issues presented in the current case.
Colorado Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.
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(B) In a civil case, a party accused of conduct involving moral turpitude may offer evidence of the party's pertinent trait, and if the evidence is admitted, the accusing party may offer evidence to rebut it.
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of the State of Colorado, by these rules, or by other rules prescribed by the Supreme Court, or by the statutes of the State of Colorado. Evidence which is not relevant is not admissible.
Rule 405 Methods of Proving Character Except as limited by § 16-10-301 and 18-3-407, C.R.S. 1973 (Volume 8, 1978 Repl. Vol.), in cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be made of specific instances of his conduct.
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
MRE 404(b) is a rule that severely limits any use of evidence that shows or suggests that the accused committed a crime other than the one for which they are currently being charged and tried.
(a) By Reputation or Opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.
Rule 404(b) prohibits the admission of evidence about a defendant's prior acts when offered to show his bad character and that he acted in conformity with that character.
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
Evid. 403. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
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.