Evidence-Wellborn SU2006 Outline

Accused is entitled to instruction to tell jury not

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Unformatted text preview: Relevancy requirement embraced in 402 Sufficent proof that D did the uncharged act. 3. Needs to be probative of the non-character purpose for which it is offered! Rule 403 balancing test Always the danger that the jury will draw the character inference rather than the legitimate inference. Accused is entitled to instruction to tell jury not to do this, but still have to be realistic about the risk that the jury will use this in unfairly prejudicial way Another factor in balancing test how much does the prosecution NEED this element if they have other evidence that proves the thing at hand, that doesn't require unfair prejudice, then it decreases the marginal probity of this evidence. Use of limiting instructions/notice requirement Prosecution must give notice (if asked) before trial that they are going to use the other crimes, wrongs or acts. 4. Note: the other crime, wrong, or act need not have been criminal, much less have resulted in arrest or conviction. Does not have to occur prior to the one for which the accused is being tried. Page 36 Note 2: Same trans...
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