404. Collateral Wrongs/Acts
Evidence of any acts (good or bad), other crimes, or wrongs.
--to prove Δ acted in accordance w/those other acts, crimes or wrongs.
- Permitted--if probative to some material at issue Such as :
- Motive, Identity (signature not mere same class of crime) , Absence of Mistake, Common Plan or Scheme, Opportunity or knowledge, Preparation.
- 1. Must be Sufficiently connected to Δ (clear convincing evidence, more likely than not);
- 2. Criminal & Civil Court.
- 3. No conviction/arrest/charge necessary;
- 4. Wrong/Act (can't become feature of the trial & subject to 403).
Presumed Admissible Unless opponent shows wrong is likely to become feature of the trial and/or probative value substantially outweighed by danger of unfair prejudice.
→ Presumed inadmissible, unless proponent can sucessfully argue one of the permitted purposes.