The defendant was charged with arson after an investigation showed that the fire had been intentionally set. In Mardlin, 487 Mich at 612, the defendant’s home was damaged by fire after which he filed an insurance claim for the damage to his home. In other words, “f a type of event linked to the defendant occurs with unusual frequency, evidence of the occurrences may be probative, for example, of his criminal intent or of the absence of mistake or accident because it is objectively improbable that such events occur so often in relation to the same person due to mere happenstance.” Id. In many MRE 404(b) cases, it may be necessary to discuss the “doctrine of chances,” which states that “as the number of incidents of an out-of-the-ordinary event increases in relation to a particular defendant, the objective probability increases that the charged act and/or the prior occurrences were not the result of natural causes.” People v Mardlin, 487 Mich 609, 616 (2010). Prior domestic violence or sexual assault offenses.Prior listed offenses committed against a minor.Statutes that permit the use of specific past acts of the accused in specified classes of criminal cases to prove conduct on the date charged include: Note that “under MRE 404(b), the other acts may be uncharged conduct and even conduct for which a defendant was acquitted.” People v Kelly, 317 Mich App 637, 646 n 3 (2016). Scheme, plan, or system in doing an act,.See also People v VanderVliet, 444 Mich 52, 74 (1993). When relevant to an issue in the case, MRE 404(b) 2 sets forth an exception where evidence of other crimes, wrongs, or acts may be admitted for purposes other than to show propensity to commit the crime charged, irrespective of whether the other incident occurred prior to, contemporaneous with, or subsequent to the conduct at issue in the case. See Section 2.3(E) for more information on impeachment evidence under MRE 608. Martinez, 507 Mich at 855 (quotation marks and citation omitted). Evidence “concerning the witness’ character for truthfulness or untruthfulness on cross-examination, limited to the purpose of attacking or supporting a witness’ credibility” is admissible pursuant to MRE 608(b). MRE 608 (evidence of character and conduct of witness) also “provides such an exception.” People v Martinez, 507 Mich 855 (2021). Evidence of the character of a witness as provided in 607, 608, and 609. In a prosecution for criminal sexual conduct, evidence of the alleged victim’s past sexual conduct with the defendant and evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, or disease (3) Character of alleged victim of sexual conduct crime. When self-defense is an issue in a charge of homicide, evidence of a trait of character for aggression of the alleged victim of the crime offered by an accused, or evidence offered by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a charge of homicide to rebut evidence that the alleged victim was the first aggressor (2) Character of alleged victim of homicide. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same or if evidence of a trait of character of the alleged victim of the crime is offered by the accused and admitted under (a)(2), evidence of a trait of character for aggression of the accused offered by the prosecution MRE 404(a) contains exceptions that permit the admission of evidence of a person’s character or a character trait to prove action in conformity under specific circumstances, including: MRE 404 applies to both criminal and civil cases. “Such evidence is strictly limited because of its highly prejudicial nature there is a significant danger that the jury will overestimate the probative value of the character evidence.” People v Roper, 286 Mich App 77, 91 (2009). MRE 404 is a rule of legal relevance, which limits the use character evidence that is logically relevant under MRE 401 and MRE 402. Generally, evidence of a person’s character or a character trait, and evidence of other crimes, wrongs, or acts are not admissible for the purpose of showing action in conformity with the person’s character. Character Evidence Generally Not Admissible to Prove Conduct
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