Maryland Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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FAQ
Hear this out loud PauseHabit evidence is considered to be highly probative; therefore, it is often viewed as superior to character evidence because the uniformity of one's response to habit is far greater than the consistency with which one's conduct conforms to character or disposition.
A defect of capacity, ability, or opportunity to observe, remember, or relate may be shown to impeach the witness either by examination of the witness or by extrinsic evidence.
A habit, on the other hand, is the person's regular practice of meeting a particular kind of situation with a specific type of conduct, such as the habit of going down a particular stairway two stairs at a time, or of giving the hand-signal for a left turn, or of alighting from railway cars while they are moving.
Hear this out loud PauseCharacter evidence is common in negligent entrustment or negligent hiring claims. For example, in a negligent entrustment of a motor vehicle claim, one of the elements is that the defendant "knew or should have known that the driver was incompetent or unfit to drive the vehicle." CACI No. 724.
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.
Hear this out loud PausePropensity evidence is evidence of one crime that is used to show the defendant is more likely to have committed another crime. For example, the prosecution could use evidence of another act of domestic violence to help prove that the defendant committed the current crime of domestic violence.
Hear this out loud PauseEvidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Similar fact evidence is evidence of past misconduct of a defendant for the purpose of inferring that the defendant is liable for the incident in question. Similar fact evidence was addressed in the recent decision of SecurityInChina International Corp. v.