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Maine Evidence of defendant's Prior Similar Acts

Maine Evidence of defendant's Prior Similar Acts

Name: Maine Evidence of defendant's Prior Similar Acts
Brand: US Legal Forms
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Category:

Maine Federal - Jury Instructions - District Court - Criminal

State:

Maine

Control #:

ME-FEDDC-JURY-2-06

Format:

Instant download

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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.

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

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

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.

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.

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.

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.

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 402. Irrelevant evidence is not admissible.

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.

More info

In criminal cases, the so-called "mercy rule" permits a criminal defendant to introduce evidence of pertinent character traits of the defendant and the victim. Rule 404(b) evidence may be admissible if it helps to establish that the defendant is the person who committed the currently charged offense.Prosecutors love to prove that a defendant has a prior criminal record because it effectively negates the presumption of innocence. In other words, Rule 404(b) generally bars character evidence. Juries are not likely to afford the presumption of innocence to a known criminal. Rule 404(b) states that evidence of other acts are admissible to show opportunity, intent, knowledge, or absence of mistake. "The Molineux rule ' "is based on policy and not on logic. It operates to exclude generally evidence of a person's character "for the purpose of proving that he acted in conformity therewith on a particular occasion. It is important to know that defendant does not have to testify to make such evidence admissible. "A distinctive crime so similar in pattern, scheme, or modus operandi to previous crimes that it identifies a particular defendant as the perpetrator.".

Maine Evidence of defendant's Prior Similar Acts

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