§ 1-17 Prior Bad Acts

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 1-17 Prior Bad Acts

In regard to evidence of an alleged bad act on another occasion, this evidence is limited to consideration by you as it relates to:

1. Motive for the offenses charged in this case;
2. Intent in regard to the commission of the offenses charged in this case;
3. Absence of mistake or accident in reference to the offenses charged in this case;
4. A common scheme or plan embracing the commission of two or more bad acts so related to each other that proof of one tends to establish the others; or
5. The identity of the person charged with the commission of the crime on trial.

The evidence is limited to those purposes and uses. This evidence can NOT be used for any other purpose. This type of evidence must NOT be considered in any other fashion.

State v. Fletcher, 379 S.C. 17, 23-24, 664 S.E.2d 480, 483 (2008)("Under Rule 404(b), SCRE, evidence of other crimes, wrongs, or acts is generally not admissible to prove the defendant's guilt for the crime charged. Such evidence is, however, admissible to show motive, identity, the existence of a common scheme or plan, the absence of mistake or accident, or intent. To be admissible, the bad act must logically relate to the crime with which the defendant has been charged. If the defendant was not convicted of the prior crime, evidence of the prior bad act must be clear and convincing. Even if prior bad act evidence is clear and convincing and falls within an exception, it must be excluded if its probative value is substantially outweighed by the danger of unfair prejudice to the defendant. The

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