§ 11.02 Rule 404(b) Analysis

• Jurisdiction: United States

§ 11.02 Rule 404(b) Analysis

The application of the rule requires three steps:

(1) Rule 401—identify a "material" (consequential) issue (other than character) that the evidence is being offered to prove (i.e., identity of the perpetrator, mens rea, corpus delicti, etc.);
(2) Rule 403—balance the probative value of the evidence against the risk that the jury will ignore the limiting instruction and make the

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