Maine Evidence of defendant's Prior Similar Acts

State:
Maine
Control #:
ME-FEDDC-JURY-2-06
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine Evidence of defendant's Prior Similar Acts is a form of evidence presented in criminal cases in the state of Maine. It is designed to demonstrate that a defendant has committed similar acts of wrongdoing in the past, and thus is likely to have committed the crime they are accused of. It can include evidence such as prior convictions, prior arrests, prior proceedings, prior statements, and prior acts. This evidence is typically used to prove intent, knowledge, motive, plan, identity, and absence of mistake or accident. There are two types of Maine Evidence of defendant's Prior Similar Acts: direct and indirect. Direct evidence is testimony from a witness or other reliable source that the defendant has committed similar acts in the past. Indirect evidence is circumstantial evidence that shows the defendant has likely committed similar acts in the past.

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FAQ

When examining a witness about the witness's prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party's attorney.

When is evidence of prior similar incidents admissible? Evidence of prior occurrences similar to the one that injured a plaintiff may be admissible to establish notice to the defendant of the existence of a dangerous condition.

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.

A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made for the purpose of diagnosing or treating the patient's physical, mental, or emotional condition, including alcohol or drug addiction, between or among the patient and: (1) The patient's

The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or (2) Evidence offered to prove an alleged victim's sexual predisposition.

RULE 402. Irrelevant evidence is not admissible.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.

Rule 404 - Character Evidence; Crimes or Other Acts (a) Character evidence. (1)Prohibited uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait. (2)Exception for a defendant in a criminal case.

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Maine Evidence of defendant's Prior Similar Acts