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Cards In This Set
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What is the general rule for 404 A 2?
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The prosecution cannot offer bad character evidence through , reputation, opinion or specific bad acts in his or her case in chief IF the sole purpose is to infer guilt.
UNLESS the defendant opens the door to the MERCY RULE EXCEPTION!!!!
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What is the general rule and exception to 404 B, "Other Act Evidence"?
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Evidence of "Other Acts" crimes or acts cannot be admitted to prove the character of a person in order to show conduct in cornformity,........
.......... but character can be admisable to prove ("Miami Kopp") = Motive, Intent Absence of Mistake or accident, Identity, Knowledge, Opportunity, Preparation, Plan
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Does the Prosecutor have to wait for the defendant to "open the door" before offering the "Other-Act " Evidence Exception?
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NO, this "other act evidence is admissable at the initiative of the prosecution when the misconduct is relevemat to prove a amatertial fact.
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Is the 404b "other crimes" exeption limited only to past convictions?
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No, the "other crimes" or acts, or wrongs, do not have to be criminal or even a prior conviction
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Can the "other crimes exception make evidence automatically admissable?
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No, this "other crimes exception still hgas to go through the 403 balancing test and even if it passes that, the judge has to give limiting instructions to the jury.
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How will 105 limiting instructions play into the juries acceptance of a "other act" exception?
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The judge must give the jury limiting instructions telling them that they may only consider the other act for the purpose of identifying the defendant....
& .........
when other crimes are offered to show identity, the prosecutor is trying to infer to the jury that by the (D) committing prior crimes, his signature and qualities are so distinctive that he also must have committed the present crime.
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Why is the "Other -Act" Evidence Exception Powerful?
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Because it allows parties to introduce otherwise inadmissable evidence, it delivers a negative perception to the Jury as long as it is not being offered to show propensity.....and also it proves "MIAMI KOPP"
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How is the 403 balancing test applied to 404 b?
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The Probative Value
1. Similarity to other act evidence
2. Reliability
3. Need for the Evidence ( the extent to which the factual issue can be established by other evidence in the case.)
VS.
Unfair Prejudice
1. Degree to which the evidence is of a heinous nature.
2. Remoteness of the act
3. Strength of unfair prejudice ( the degree to which the evidence will be misused or misunderstood by the jury.)
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"MIAMI KOPP" allows evidence to come in which way?
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Through the back door, if the prosecutor can show that prior misconduct is relevant for a non- character purpose........to show "MIAMI KOPP"
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What does a party have to prove under 404b?
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1. Relevance- Identify the non character purpose that the specific act is relevant for.
2. Pass the the 403 balancing test....the Attorney must convince the that the probvative value is not substantially outweighed by the counterweights.
3. Prove that the person whose specific act is in question actually committed the act.
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Does the Prosecution have to give any notice to the Defense upon any request?
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Yes, upon request by the defense, the prosecutor is required to give a "reasonable notice" of their plan to offer any 404 evidence at trial..........
The FRE does not specify how much notice should be given, therefore, the defense attorney should file a motion requesting to the court to order such notice no less than 7 days before trial.
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Under 404b, can the Prosecutor offer "Acts to Prove a Common Plan or Scheme" as an exception?
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1. Yes if a prior act shows there is a broader plan or scheme to the charged offense, but only if the the prior act is admissable under 404b and survives the 403 balancing test......For example. The defendant steals a car to use in a robbery.
Or
2. If the Prior act offers proof that the charged crime includes a plan or scheme which is "direct proof" of the charged crime, for example conspiracy.
......But if the prior act evidence merely shows the full context of the crime, it is called intrinsic evidence, and 404b will not apply to it.
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Can prior acts be used to prove the defendant have an Opportunity to commit the crime admissable?
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Yes, prior acts that show the defendant had acccess to a protected place or special tools that were part of the crime are admissable.
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Can Prior acts be admissable to show that the defendant had knowledge of how to prove the crime?
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Yes, if the the evidence of another crime deomonstrated that the defendant possessed the knowledge to commit the crime, then that evidence is permissable as lone as it does not infer propensity.
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Can evidence be admitted to show that the defendant had intent to commit the crime?
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Yes, Prior Acts that are relevant to show intent to repeat the occurences of specific unusual events are admissable...for example "prior sale is evidence to prove intent.
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