Pennsylvania Jury Instruction - Character Evidence

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

404(b). Evidence of other crimes, wrongs or acts may be admissible for one purpose but not another; therefore, this instruction is required by Fed.

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.

(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.

When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.

Rule 404(b) of the Federal Rules of Evidence makes inadmissible most character evidence regarding crimes or acts for which no charges were filed, but this rule should not be used to eliminate evidence of criminal activity committed by the defendant at the same time as the crime charged, as a predicate to the crime ...

MRE 404(b) is a rule that severely limits any use of evidence that shows or suggests that the accused committed a crime other than the one for which they are currently being charged and tried.

Rule 609 - Impeachment by Evidence of a Criminal Conviction (a)In General. For the purpose of attacking the credibility of any witness, evidence that the witness has been convicted of a crime, whether by verdict or by plea of guilty or nolo contendere, must be admitted if it involved dishonesty or false statement.

Pa. R.E. 404(b)(1) is identical to F.R.E. 404(b)(1). It prohibits the use of evidence of other crimes, wrongs, or acts to prove a person's character.

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Pennsylvania Jury Instruction - Character Evidence