Puerto Rico Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.
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FAQ
MRE 404(b)2 allows the prosecution to bring in other crimes, wrongs, or acts for other ?non-character? purposes. Those purposes are identified as to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
Section 404(b)(2) permits the court to exclude evidence of a crime, wrong, or other act that is offered for a proper purpose (e.g., to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident) if the risk of unfair prejudice simply outweighs the probative value ...
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 ...
Article IV of the Federal Rules of Evidence deals with relevancy, the fundamental concept underlying the admissi- bility of any evidence. Notwithstanding any other rules or considerations, an item of evidence is inadmissible unless it meets the test of relevancy.
Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.
Character evidence not admissible to prove conduct; exceptions; other crimes. (a) Character evidence generally. ? Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (1) Character of accused.
Under FRE 405, admissible character evidence includes: Testimony about the person's reputation (e.g., co-workers) Testimony in the form of an opinion (e.g., neighbors) Evidence of specific acts on cross-examination of a character witness.
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.