Cautionary Instruction Similar Acts Evidence (Rule 404(b), Fed. R. Evil.) is a type of evidence that is used in criminal trials to show that the defendant has a propensity to commit certain kinds of crimes or to show that the defendant has a bad character. This type of evidence is not allowed to be used to prove that the defendant committed the crime in question, but rather, it is used to show that the defendant had a motive or intent to commit the crime. The rule of evidence states that the defendant must be given a cautionary instruction by the judge that the evidence cannot be used to prove guilt, and that the jury is not to consider the evidence in determining whether the defendant is guilty or not. There are two types of similar acts evidence that can be used under the rule: 1. Character Evidence: This type of evidence is used to show that the defendant has a propensity to commit certain kinds of crimes or to show that the defendant has a bad character. 2. Habitual Acts Evidence: This type of evidence is used to show that the defendant has a pattern of behavior that is similar to the behavior that is alleged in the crime. It can also be used to show that the defendant had the motive or intent to commit the crime in question. In summary, Cautionary Instruction Similar Acts Evidence (Rule 404(b), Fed. R. Evil.) is a type of evidence that is used in criminal trials to show that the defendant has a propensity to commit certain kinds of crimes or to show that the defendant has a bad character. It is not allowed to be used to prove that the defendant committed the crime in question, but rather, it is used to show that the defendant had a motive or intent to commit the crime. The defendant must be given a cautionary instruction by the judge that the evidence cannot be used to prove guilt, and that the jury is not to consider the evidence in determining whether the defendant is guilty or not. There are two types of similar acts evidence that can be used under this rule: character evidence and habitual acts evidence.
Cautionary Instruction Similar Acts Evidence (Rule 404(b), Fed. R. Evid.)
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FAQ
The notice requirement found in Texas Rule of Evidence 404(b) is satisfied when the State gives to the defense copies of witness statements that describe the extraneous offenses later admitted into evidence at trial.
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
Rule 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: the United States or Texas Constitution; a statute; these rules; or other rules prescribed under statutory authority.
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
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.
Reverse 404(b) evidence is the name courts have given to a less common use of Federal Rule of Evidence 404(b), wherein a defendant attempts to introduce the "other bad acts" of a third party, usually to prove that this third party committed the crime of which the defendant is accused or that the third party coerced the
Rule 404(b) prohibits the admission of evidence about a defendant's prior acts when offered to show his bad character and that he acted in conformity with that character.
(b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.