Delaware Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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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 ...
Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or, among other reasons, based on hearsay). admissible evidence | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? admissible_evidence cornell.edu ? wex ? admissible_evidence
Three factors typically determine the admissibility of character evidence: the purpose for which the character evidence is being used. the form in which the character evidence is offered. the type of proceeding (civil or criminal) in which the character evidence is offered.
In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. Rule 405: Methods of Proving Character tourolaw.edu ? cgi ? viewcontent tourolaw.edu ? cgi ? viewcontent
When character evidence is admissible, Rule 405 says that ?it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.? It may not proved through evidence of specific events that illustrate the character trait in action. 6. CHARACTER EVIDENCE Maurer School of Law ? instruction ? tanford Maurer School of Law ? instruction ? tanford PDF
Another example could be a case where a defendant is accused of assaulting someone. The prosecution wants to introduce evidence that the defendant had a history of violent behavior towards others. This evidence would be allowed under the MIMIC Rule because it could help prove the defendant's intent to harm the victim.
For example, in a fraud case, the criminal defendant is may call witnesses to testify that he's an honest person. In a trial for a violent crime such as homicide, battery, or assault, he may bring witnesses to testify that he's a peaceful person. Note, though, that the character evidence still must be relevant.
(5) Direct use: Reputation, opinion, and specific instances of conduct evidence are all admissible where character trait is an essential element of a charge, claim, or defense. CHARACTER EVIDENCE QUICK REFERENCE UNC School of Government ? course_materials ? R... UNC School of Government ? course_materials ? R... PDF