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This rule is the federal rule, verbatim, and changes Utah law by granting the court discretion in convictions not involving dishonesty or false statement to refuse to admit the evidence if it would be prejudicial to the defendant. Current Utah law mandates the admission of such evidence. State v.
Rule 404(b), at its heart, prevents evidence of a person's character from being admitted at trial to prove that the person acted in ance with that character or trait.
(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in conformity with the character.
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 ...
403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in conformity with the character. (2) Permitted Uses; Notice in a Criminal Case.
Relevant evidence is admissible unless any of the following provides otherwise: the United States Constitution; the Utah Constitution; a statute; or.
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. Advisory Committee Note.