« on: December 07, 2007, 09:46:22 AM »
FRE 404(b) applies here:
"Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial."
Specific acts, then, are NEVER admissible merely to show action in conformity therewith. The trick is to convince the judge that the specific act goes to motive, intent, or something else. The great thing about the introduction of evidence is that the evidence you are trying to introduce is for exactly what you say it is for, if you are convincing enough.