Relevancy

Question 1

Are Bad Acts admissible to show D’s criminal propensity to have committed a crime in question?

Answer 1

No, it is imadmissiable character evidence if offered for propensity purposes. However, such evidence may be admissible for relevant, nocharacter purposes (MIMIC)

Question 2

What is MIMIC Evidence

Answer 2

The Noncharcter purposes for admitting crimes or bad act:

Motive
Intent
Absence of Mistake
Identity
Common plan or scheme
Other

Question 3

When is expert testimony admissible?

Answer 3

It is only admissible if it is:
1. relevant- ie will help the trier of fact understand the evidence or determine a fact in issue
AND
2. reliable - ie, based on sufficient facts or data and the product of reliable principles and methods that the expert has properly applied to the facts of the case.

Question 4

When is character evidence generally admissable?

Answer 4

If a person’s character is an essential element of a civil claim, criminal charge, or asserted defense.

Question 5

When may a court generally exclude relevant evidence?

Answer 5

When the evidence’s probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needless cumulation of evidence.

Question 6

What is the doctrine of curative admissability?

Answer 6

It allows otherwise imadmissable evidence to be admitted to rebut prejudical evidence when:

1. the evidence was improperly admitted through no fault of the prejudiced party,
2. that the party objected to and moved to strike the evidence,
   and
3. an instruction to disregard cannot remedy the prejudice.