Maine Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.

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Cautionary Instruction - Similar Acts Evidence (Rule 40 4(b), F.R.E.): This is a sample jury instruction. It relays to the members of the jury all laws concerning evidence presented at trial of similar acts of the Defendant. This form is available in both Word and Rich Text formats.

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California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

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.

RULE 402. Irrelevant evidence is not admissible.

In a civil case, the court may admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.

Evid. 702. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if such testimony will help the trier of fact to understand the evidence or to determine a fact in issue.

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.

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.

The use of character evidence to prove conduct is subject to the limitations of Rule 404. The rule is generally consistent with the common law doctrine that character evidence is not admissible to prove that an individual acted in conformity with his character on a specific occasion.

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Maine Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.