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The Title 28 of the United States Code QUESTION #3741
Question 1
A defendant is on trial for bank robbery. The prosecution wants to introduce evidence that the defendant committed another bank robbery two years ago using the exact same 'clown mask' and 'toy water gun.' Is this admissible?
  • No, it's propensity evidence.
  • Yes, under Rule 404(b) to show 'identity' or a 'common scheme or plan' (MIMIC).✔️
  • Yes, but only if the defendant was convicted of the first robbery.
  • No, because it is too prejudicial.
Correct Answer Explanation
While character evidence isn't allowed to show propensity, Rule 404(b) allows evidence of other crimes/acts to prove Motive, Intent, Mistake (absence of), Identity, or Common Plan (MIMIC).