Oklahoma Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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FAQ
State: Absence of. Mistake Exception Applies to the General Rule. Excluding Evidence of Prior Crimes Where. Defendant Raises the Defense of Mistake for the. Same Crime for Which He Is on Trial.
Character evidence is not admissible to prove conduct in civil cases. For example, a defendant cannot offer the testimony of friends (or her own testimony) that she is usually a very careful driver as circumstantial evidence she was probably driving carefully and not negligently on the day of an accident.
Legal Overview. Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
For example, the defense might argue that the state offered insufficient evidence to show that the defendant used a weapon, so the jury should only be charged on common law robbery instead of armed robbery.
Rule 404(b) states that evidence of other acts are admissible to show opportunity, intent, knowledge, or absence of mistake. This rule of evidence is often used in criminal trials, but is criminally underutilized in civil trials.
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.
The problem with using evidence of the defendant's character at trial is that it can distort the facts and prejudice the jury. Jurors might unknowingly give more weight to character evidence than material evidence.
Further, under EC 1103, a criminal defendant is allowed to offer evidence about the alleged victim's character. Again, if the defendant decides to do so, the prosecution can present their character evidence about the victim to challenge the defendant's argument.