The determination must be made whether the danger of undue prejudice outweighs the probative value of the evidence in view of the availability of other means of proof and other factors appropriate for making decisions of this kind under Rule This rule provides that evidence of other crimes, wrongs, or acts is not admissible to prove character but may be admissible for other specified purposes such as proof of motive.
Rather, it is anticipated that with respect to permissible uses for such evidence, the trial judge may exclude it only on the basis of those considerations set forth in Rule , i. Rule b has emerged as one of the most cited Rules in the Rules of Evidence.
And in many criminal cases evidence of an accused's extrinsic acts is viewed as an important asset in the prosecution's case against an accused. Although there are a few reported decisions on use of such evidence by the defense, see, e. McClure , F. The amendment to Rule b adds a pretrial notice requirement in criminal cases and is intended to reduce surprise and promote early resolution on the issue of admissibility. The notice requirement thus places Rule b in the mainstream with notice and disclosure provisions in other rules of evidence.
See, e. The Rule expects that counsel for both the defense and the prosecution will submit the necessary request and information in a reasonable and timely fashion. Other than requiring pretrial notice, no specific time limits are stated in recognition that what constitutes a reasonable request or disclosure will depend largely on the circumstances of each case. Compare Fla. Likewise, no specific form of notice is required.
The Committee considered and rejected a requirement that the notice satisfy the particularity requirements normally required of language used in a charging instrument. Instead, the Committee opted for a generalized notice provision which requires the prosecution to apprise the defense of the general nature of the evidence of extrinsic acts. The Committee does not intend that the amendment will supercede other rules of admissibility or disclosure, such as the Jencks Act, 18 U.
The amendment requires the prosecution to provide notice, regardless of how it intends to use the extrinsic act evidence at trial, i. The court in its discretion may, under the facts, decide that the particular request or notice was not reasonable, either because of the lack of timeliness or completeness. Because the notice requirement serves as condition precedent to admissibility of b evidence, the offered evidence is inadmissible if the court decides that the notice requirement has not been met.
Nothing in the amendment precludes the court from requiring the government to provide it with an opportunity to rule in limine on b evidence before it is offered or even mentioned during trial. When ruling in limine , the court may require the government to disclose to it the specifics of such evidence which the court must consider in determining admissibility.
Williams , F. Nor is the amendment intended to redefine what evidence would otherwise be admissible under Rule b. Finally, the Committee does not intend through the amendment to affect the role of the court and the jury in considering such evidence. See United States v. Huddleston , U. Ct Rule a 1 has been amended to provide that when the accused attacks the character of an alleged victim under subdivision a 2 of this Rule, the door is opened to an attack on the same character trait of the accused.
Current law does not allow the government to introduce negative character evidence as to the accused unless the accused introduces evidence of good character. Fountain , F. The amendment makes clear that the accused cannot attack the alleged victim's character and yet remain shielded from the disclosure of equally relevant evidence concerning the same character trait of the accused.
For example, in a murder case with a claim of self-defense, the accused, to bolster this defense, might offer evidence of the alleged victim's violent disposition. If the government has evidence that the accused has a violent character, but is not allowed to offer this evidence as part of its rebuttal, the jury has only part of the information it needs for an informed assessment of the probabilities as to who was the initial aggressor.
Additionally, judges are not required to strike or restrict violations of evidence rules on their accord, but rather, it is the duty of the defense or prosecution to challenge actions potentially violating rules of evidence. The premier reason testimony is presented during a trial is to influence the opinion of a judge or jury that is acting as the decider of the facts.
Therefore, certain rules and methods for offering testimony in a trial are enforced to ensure a fair trial for defendants. Some of the more notable rules regulating testimony during a criminal trial, include:. Expert statements or testimony can be entered into a trial, which may include personal opinions and references to previous testimony of other witnesses.
Additionally, expert witnesses can be paid for their time in court. Prosecutors typically already have experts in various fields on payroll prior to a trial, but an indigent defendant with court-appointed counsel can obtain expert testimony at no cost if the presiding judge feels that without the expert, a fair trial will not prove possible. The "chain of custody" rules regulate the admissibility and credibility of evidence during a trial to ensure evidence was not tampered with or somehow altered prior to trial.
Scientific evidence, or forensic evidence, is information derived through the "scientific method". Though only 12 members will deliberate on a verdict, the panel includes a special education teacher, a pharmacist, several gun owners and a woman who described her fears during the chaotic protests. Christy Gutowski and Stacy St. The jury is expected to begin deliberations Monday, following closing arguments.
Kyle Rittenhouse takes the stand during trial. ABC News See more videos. Click to expand. Please enter valid email address to continue. Chrome Safari Continue.
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