New Hampshire Jury Instruction — Similar ActEvidencenc— - Rule 40 4b, FRE: In New Hampshire, the jury instruction pertaining to Similar Acts Evidence falls under Rule 40 4b of the Federal Rules of Evidence (ARE). This instruction is crucial in criminal trials as it allows the introduction of evidence related to similar acts committed by the defendant to establish a pattern of behavior or motive. By analyzing this evidence, the jury can make more informed decisions regarding the guilt or innocence of the accused. Types of New Hampshire Jury Instruction — Similar ActEvidencenc— - Rule 40 4b, FRE: 1. Similar Acts Evidence to Prove Identity: One type of instruction outlines the use of similar acts evidence to establish the identity of the defendant. This involves demonstrating that the accused has a tendency or modus operandi in committing particular acts that are consistent with the alleged crime. Such evidence can play a vital role in linking the defendant to the charged offense. 2. Similar Acts Evidence to Establish Intent: Another type of instruction focuses on the use of similar acts evidence to prove intent. By presenting evidence of prior acts that are similar in nature to the alleged crime, the prosecution may argue that the defendant acted with the same intent on both occasions. This supports the theory that the defendant had a deliberate state of mind when committing the crime. 3. Similar Acts Evidence for Establishing Plan or Scheme: This instruction covers the use of similar acts evidence to establish a specific plan or scheme employed by the defendant. By presenting evidence of past acts that share common elements with the charged offense, the prosecution can illustrate a consistent pattern used by the defendant to commit similar crimes. This information can be persuasive in demonstrating the defendant's premeditation and involvement in a calculated plan. 4. Similar Acts Evidence for Showing Knowledge or Absence of Mistake: This jury instruction focuses on using similar acts evidence to demonstrate the defendant's knowledge or absence of mistake related to the charged offense. By presenting evidence of prior acts that require knowledge or expertise, the prosecution can argue that the defendant possessed the necessary awareness to commit the crime. Conversely, the defense may utilize similar acts evidence to show that the defendant lacked the knowledge or made an honest mistake, casting doubt on their guilt. In conclusion, the New Hampshire Jury Instruction — Similar ActEvidencenc— - Rule 40 4b, FRE provides guidance for the introduction and evaluation of similar acts evidence in criminal trials. By allowing the consideration of prior acts related to identity, intent, plan or scheme, and knowledge, this instruction helps the jury assess the defendant's behavior and make well-informed decisions.
New Hampshire Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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Authenticating or Identifying Evidence. (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
The Exclusionary Rule It usually comes into play when evidence is obtained in violation of a suspect's Fourth Amendment rights against unlawful search and seizure. For example, a murder weapon can't be used at trial if police illegally searched a defendant's home to recover it.
Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.
Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...
Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.
New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?. Thus, prior bad acts can be admitted as affirmative evidence of intent.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
(a) Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.