Evidence: Defendant’s Other Crimes for Non-Character Purpose

• Defendant's Other Crimes for Non-Character Purpose – D's other crimes or specific bad acts are inadmissible during P's case in chief if the only purpose is to prove propensity; BUT if the D's other crimes or specific bad acts are offered to show something specific about the charged crime, such evidence will be admissible. [MIMIC RULE – admissible if independently relevant]

• MIMIC
• Motive (burn building to hide embezzlement)
• Intent (guilty knowledge; lack of good faith)
• Mistake or accident, absence of
• Identity
• Common Scheme or Plan

• To prove MIMIC-purpose crimes:
• By a conviction (if D has been previously convicted)
• By evidence that tends to prove that the prior bad act occurred

• Admissibility requirements (Burden of Proof)
• FED: P must produce sufficient evidence for a reasonable jury to conclude that D committed the prior act by a preponderance of the evidence

• Additional MIMIC requirements:
• Judge must weigh probative value against undue prejudice
• Limiting instruction to jury about limited purpose of MIMIC evidence
• Upon D's request, P must give pretrial notice of intent to introduce MIMIC evidence.