What is a 404b?

404(b) evidence is evidence of prior bad acts that the prosecution can introduce in their case-in-chief. Under Federal Rule of Evidence (commonly abbreviated 'FRE') 404(b), the prosecution is able to introduce evidence of Defendant's prior bad acts that are not charged in the instant criminal case.

What does 404b mean?

Rule 404(b) states that evidence of other acts are admissible to show opportunity, intent, knowledge, or absence of mistake. ². This rule of evidence is often used in criminal trials, but is criminally underutilized in civil trials.

What is a prior bad act?

Testimony of “prior bad acts,” wherein testimony of wrongs that cannot be proven or which are barred from prosecution by the statute of limitations, are generally inadmissible to prove criminal conduct.

What does propensity evidence mean?

Propensity evidence is evidence of one crime that is used to show the defendant is more likely to have committed another crime.

What is a pertinent trait?

A pertinent trait is a characteristic that relates to either the crime or a defense to the crime. For example, in a fraud case, the criminal defendant is may call witnesses to testify that he's an honest person.

Everyday Evidence - How FRE 404(b) works

Who are the liar type of witnesses?

Hostile & Untrustworthy – These types of witnesses purposely lie in an attempt to disrupt the investigation. If it has been determined that this person is lying, the next step should be to find out why.

Can the defense call a witness?

Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony. In court, the witness is called to sit near the judge on the witness stand.

What does propensity mean in law?

State v. Perry, 430 S.C. 24 (2020) Propensity evidence is evidence that tends to show someone acted in conformity with their character. This evidence is not allowed unless it is used for another purpose such as motive, identity, plan, etc. Sometimes evidence can be both propensity evidence and used for another purpose.

What is propensity reasoning?

Propensity as Inference. Propensity evidence suggests two inferences that can be a legally relevant form of circumstantial evidence. First, it infers the accused's disposition and state of mind using collateral events.

What is non propensity evidence?

Admitting Prior Bad Act Evidence for Non-Propensity Purposes

Evidence of other crimes, wrongs, or acts is not admissible if the sole purpose for offering the evidence is to prove the character of a person in order to show that the person acted in conformity therewith.

What can be used as bad character evidence?

What is a prior bad acts witness?

Experts in sexual assault and victims' advocates say that the use of so-called “prior bad acts” witnesses – women with credible sexual assault claims against a defendant which fall outside the statute of limitations for prosecution – are an increasingly vital tool for prosecutors at a time when the #MeToo movement is ...

Can you impeach your own witness?

The traditional rule against impeaching one's own witness is abandoned as based on false premises. A party does not hold out his witnesses as worthy of belief, since he rarely has a free choice in selecting them. Denial of the right leaves the party at the mercy of the witness and the adversary.

What is a 404 in law?

Character Evidence; Other Crimes, Wrongs, or 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 accordance with the character or trait.

When an attorney is laying the foundation for an expert witness the attorney must establish?

When an attorney is laying the foundation for an expert witness, the attorney must establish that: the jury needs the help of an expert in order to understand facts of the case. Expert witnesses can be impeached: in the same manner as lay witnesses.

Is evidence of good character of a witness admissible?

Evidence of the good character of a witness is not admissible until such character has been impeached. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.

WHAT IS A PART 6 warrant?

An interception of a private communication under a Part VI authorization is a search and seizure under s. 8 of the Charter. The right to full answer and defence permits the accused to examine an edited version of the materials available to the authorizing judge to support the wiretap authorization.

Is propensity evidence admissible in civil cases?

In civil cases, character evidence offered to show that someone must have acted in conformity with that propensity on a specific occasion (“if he did it before, he did it again this time”) is inadmissible.

Under what circumstances is a confession inadmissible in court?

The confessions rule provides that any out-of-court statement made by an accused person to a person in authority is inadmissible against the accused unless the prosecution proves beyond a reasonable doubt that the statement was voluntary.

What is the opposite of propensity?

Opposite of an inclination or natural tendency to behave in a particular way. antipathy. disinclination. dislike.

What is an example of propensity?

A propensity is a natural tendency to behave in a certain way. We all have propensities — things we tend to do. Dogs have a propensity to bark, and many people have a propensity for getting annoyed by it.

How do you use propensity?

Can I refuse to be a witness in court?

A person can be compelled (forced) to attend court and give evidence if they have been deemed competent to do so. The exceptions to this rule are the accused themselves, the accused's spouse or civil partner and those not deemed competent to give evidence.

How do you prove a witness is lying?

First of all, liars have difficulty maintaining eye contact with the person asking the questions. If the witness looks up at the ceiling while thinking of an answer, or looks down at the floor, they are liying every time. When a witness covers his mouth with his hand, he is about to lie.

How can you prove a witness is not credible?

An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.