Similar Acts Evidence (Rule 404(b), Fed. R. Evid.)

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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Similar Acts Evidence, or Rule 404(b) Evidence, is a type of evidence used in the United States Federal Rules of Evidence. It is evidence of a person's prior bad acts, crimes, wrongs, or other misconduct that is used to prove that a person acted in a certain way or had a certain intent on a particular occasion. It is typically used to prove that a person acted with a particular state of mind, such as intent or knowledge, or that a person had a propensity to commit a certain type of crime. There are two types of Rule 404(b) Evidence: propensity evidence and modus operandi evidence. Propensity evidence is evidence of past acts that are offered to prove that the defendant has a propensity to act in a certain way, such as a propensity to commit crimes. Modus operandi evidence is evidence of past acts that are offered to prove that the defendant committed the crime in question in a particular manner, such as a certain type of modus operandi.

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FAQ

Reverse 404(b) evidence is the name courts have given to a less common use of Federal Rule of Evidence 404(b), wherein a defendant attempts to introduce the "other bad acts" of a third party, usually to prove that this third party committed the crime of which the defendant is accused or that the third party coerced the

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

? Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

Rule 404(b) renders inadmissible evidence of other crimes, wrongs, or acts to prove the character of a person in order to show action in conformity therewith, but allows proof of other crimes, wrongs, or acts where they are relevant under statutes related to certain criminal offenses, as well as for other purposes,

Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.

(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 ance with the character. (2)Permitted Uses; Notice in Criminal Case.

(a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.

More info

Rule 404(b) states that evidence of other acts are admissible to show opportunity, intent, knowledge, or absence of mistake. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.This rule closely resembles Fed. A. Rule 404(b) -- Crimes and other isolated acts of bad behavior (not done frequently. It is intended that Rule 404(b) will be applicable in civil as well as criminal cases. As reflected in the language of the rule, extrinsic evidence is not limited to prior crimes, but extends to non-criminal acts or wrongs. Fed. Tyndale, 56 MJ 209 (evidence of prior drug use is not inadmissible per se at a court-martial; Mil. Remainder of or Related Writings or Recorded Statements. R. EVID. 404(b)(2). 13. It prohibits the use of evidence of other crimes, wrongs, or acts to prove a person's character.

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Similar Acts Evidence (Rule 404(b), Fed. R. Evid.)