Massachusetts Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
The defendant was charged with distributing heroin. The fact that some of his customers died from the heroin was too prejudicial to be admitted at trial. Though this evidence was surely admissible at sentencing, it was not probative of any issue at trial and therefore should have been excluded under Rule 403.
"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.
Evidence of character, a general description of a person's disposition, is generally inadmissible. Figueiredo v. Hamill, 385 Mass. 1003, 1003?1005 (1982) (testimony that decedent acted in a "habitually reckless manner" was inadmissible character evidence).
Massachusetts follows the universally recognized rule against "propensity" evidence, i.e., evidence of a person's character through reputation or specific acts (see Section 404[b]) offered to suggest that the person acted in conformity with that character or trait on the occasion in question is inadmissible.
The Basic Rule 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.