Missouri Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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How to fill out Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE?
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FAQ
Let's say David is accused of stealing a bicycle. The prosecutor will need evidence that the person actually stole the bike. Evidence that a David is the ?type of person? who would commit such a crime, should be inadmissible pursuant to Rule 404.
What is Good Character? If a defendant on trial is a person of good character, they will want to use this to support their case, to demonstrate that they are a person who should be believed and a person who would be less likely to involve themselves in criminal conduct.
Character evidence under rule 404 is evidence of a general tendency to behave in certain ways, which is not usually admissible. d) The definition includes both the aggregate of a person's qualities (a "good" person) and individual traits such as recklessness or violence. e) Character is not the same as reputation.
Another example could be a case where a defendant is accused of assaulting someone. The prosecution wants to introduce evidence that the defendant had a history of violent behavior towards others. This evidence would be allowed under the MIMIC Rule because it could help prove the defendant's intent to harm the victim.
Character evidence is evidence that invites the trier of fact to make an inference that the person is of a certain "type", thus inferring that the person acted consistently with that type of character. Character evidence can often become prejudicial, particularly for the accused, and so must be taken with care.
Three factors typically determine the admissibility of character evidence: the purpose for which the character evidence is being used. the form in which the character evidence is offered. the type of proceeding (civil or criminal) in which the character evidence is offered.
Example of Character Witness Testimony Bates calls to the stand a close friend to testify, "In my opinion, Bates is a nonviolent person who wouldn't hurt a fly." This kind of character evidence would be allowed because it suggests Bates has a tendency to be peaceful, making it less likely that he assaulted Fell.
For example, in a fraud case, the criminal defendant is may call witnesses to testify that he's an honest person. In a trial for a violent crime such as homicide, battery, or assault, he may bring witnesses to testify that he's a peaceful person. Note, though, that the character evidence still must be relevant.