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7 Cards in this Set
- Front
- Back
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Routes around propensity box |
Rule 404(b)(2): Circumstances in which you can offer evidence of a person’s other acts in order to prove something other than person’s character. |
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Rule 404(b) - Propensity |
(2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. [Notice requirement in crim. cases] |
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Possible permissible purposes
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Knowledge
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Requirement of “good faith” basis
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Before asking about other act, lawyer must have in her possession “information that reasonably leads [her] to believe that the acts of conduct . . . have in fact been committed" |
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Logic behind evidence of modus operandi is not “this is the defendant’s sort of crime” but rather “this could not be anyone else’s crime.”
Modus operandi evidence is admissible only when identity is in issue. |
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Case Law |
United States v. Trenkler
But “exact match” is not necessary; must be “conjunction of several identifying characteristics or the presence of some highly distinctive quality.” |
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“It may, however, be admissible to show motive, identity, the existence of a common scheme or plan, the absence of mistake or accident, or intent.”
Status of res gestae is unclear.
No notice to defendant is required. |
