Kansas Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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FAQ
In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances.
The 'Doctrine of Chances' is a doctrine of probability that purports to solve an apparent logical conundrum or contradiction in the law of Evidence.
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 ...
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): Inextricably Intertwined Evidence is Admissible. Issue: Whether evidence of uncharged wire fraud transactions is considered evidence of ?other? crimes or acts under Federal Rule of Evidence 404(b), precluding the government from introducing the uncharged transactions into evidence.
A classic use of the doctrine is to prove that an initially unexplained death that is discovered to be similar to other deaths associated with the defendant was actually a homicide. The warrant for this inference is that common sense tells us that these similar deaths are very unlikely to represent mere coincidences.
Legal Overview. Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
Under FRE 405, admissible character evidence includes: Testimony about the person's reputation (e.g., co-workers) Testimony in the form of an opinion (e.g., neighbors) Evidence of specific acts on cross-examination of a character witness.