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Definition: The MIMIC Rule is a legal principle that allows evidence of a defendant's past misconduct or crimes to be presented in court for a specific purpose other than showing their criminal disposition.
Legal Overview. Rule 404(a) establishes the baseline rule that character evidence is generally not admissible in a criminal trial for the purpose of showing ?propensity? ? that is, for the purpose of showing that the person likely acted in a way that is consistent with that character trait on a particular occasion.
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 ...
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.
The MIMIC Rule refers to the purposes for which a court will allow the introduction of evidence of prior crimes, wrongs, or actions of a defendant. Federal Rule of Evidence Rule 404(b) prohibits the use of such evidence for the purpose of proving a criminal disposition or character.
Let's say David is accused of stealing a bicycle. The prosecutor will need evidence that the person actually stole the bike. Evidence that a David is the ?type of person? who would commit such a crime, should be inadmissible pursuant to Rule 404.
Based on the mimicking requirement, a feedback guidance law is proposed satisfying the initial heading error rate, launch angle, and the impact angle of the nominal ballistic trajectory. Closed-form expressions of guidance gains are derived and their variation with initial heading angle is analyzed.
Character Evidence; Crimes or Other Acts (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.