The Oregon Jury Instruction — CautionarInstructionio— - Similar Acts Evidence — Rule 40 4(b), F.R.E. is an important component of the state's legal system. This instruction provides guidance to jurors regarding the use of similar acts evidence in a trial, specifically under Rule 40 4(b) of the Federal Rules of Evidence (F.R.E.). Similar acts evidence refers to any evidence presented in a trial that demonstrates the defendant's involvement in other acts or behaviors that are similar to the charged offense. This instruction aims to caution jurors about the potential prejudicial effect of such evidence and instructs them on how to properly evaluate and consider it. Variations of the Oregon Jury Instruction — Cautionary Instruction — Similar AEvidencedenc— - Rule 40 4(b), F.R.E. may exist depending on the specific circumstances of a case or the judge's discretion. However, the following key points are generally covered in this instruction: 1. Purpose: The instruction clarifies the purpose of introducing similar acts evidence, which is to demonstrate the defendant's motive, intent, knowledge, or absence of mistake or accident, rather than to prove the defendant's character or propensity for committing the charged offense. 2. Limited use: Jurors are informed that they may only consider the similar acts evidence for the specific purpose for which it was admitted and not as proof of the defendant's guilt in the current case. This instruction emphasizes that the defendant cannot be convicted based on the similarity of the acts alone. 3. Evaluation: The instruction guides jurors on how to evaluate similar acts evidence by considering its relevance to the issues at hand, the strength of the similarities between the acts, and the likelihood that the defendant committed the similar acts. Jurors are advised to scrutinize such evidence carefully and not to give it undue weight. 4. Presumption of innocence: The instruction reminds jurors to maintain the presumption of the defendant's innocence and that the burden of proof rests with the prosecution to prove guilt beyond a reasonable doubt. Similar acts evidence should not be used to overcome this presumption. 5. Balancing the probative value and prejudicial effect: Jurors are instructed to carefully weigh the probative value of the similar acts evidence against its potential prejudicial effect. If they find that the evidence is more prejudicial than probative, they should disregard it. Overall, the Oregon Jury Instruction — Cautionary Instruction — Similar AEvidencedenc— - Rule 40 4(b), F.R.E. helps ensure that jurors understand the limited use of similar acts evidence and use it appropriately in reaching a fair and impartial verdict. It is crucial for jurors to follow this instruction and remain focused on the specific issues of the case without being swayed by unrelated or potentially prejudicial evidence.