Evidence Of Prior Acts

A.

Under FRE 404(b), evidence of other crimes, wrongs, or other acts is not admissible to prove the character of the accused in order to show that he acted in conformity therewith.

B. Note:

Although many commentators and cases refer to FRE 404(b) evidence as “prior bad acts” evidence or “other crimes” evidence, the rule applies without regard to whether the prior act is criminal or morally offensive.

C.

Evidence of defendant’s other acts may be admissible when those acts are relevant to an issue other than the defendant’s character.

D.

FRE 404(b) provides an illustrative list of reasons why other act evidence may be relevant and admissible:

1. Motive:
evidence of other acts may reveal a motive that is probative of a person’s conduct or intent.