Oregon Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

The concept of a motion to suppress is based on the ?exclusionary rule.? The exclusionary rule, grounded in the Fourth Amendment, excludes from trial evidence obtained in violation of a defendant's constitutional rights and protects citizens from unlawful searches and seizures.

The jury must find the defendant guilty beyond a reasonable doubt.

The suppression request is usually raised by a pretrial motion made by a criminal defendant. The admissibility of evidence is a preliminary question that can only be resolved by the judge. Once the judge believes the evidence should be suppressed, it will not go to the trial.

Section 40.150 - Rule 401. Definition of "relevant evidence." "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Your criminal defense attorney can ask the court to suppress identification testimony so that the jury does not hear it. The defense attorney does this by making a motion to suppress. The attorney will appear before the judge at a hearing to argue the motion.

Evidence may be suppressed if it was obtained illegally or if it is not relevant to the case. Evidence may also be suppressed if it is unfairly prejudicial to the defendant.

Section 40.170 - Rule 404. Character evidence; evidence of other crimes, wrongs or acts (1) Evidence of a person's character or trait of character is admissible when it is an essential element of a charge, claim or defense.

Common grounds to file a motion to suppress include: Unlawful search and seizure. The Fourth Amendment protects you against unlawful search and seizure of your property and yourself.

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Oregon Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE