809 Field Training Officer Practice Exam

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A defendant is charged with burglary. At trial, the prosecution seeks to introduce evidence that the defendant committed another burglary two years ago to show he has a propensity to commit burglaries. Is this evidence admissible?

Yes, under the past bad acts exception. Yes, to prove the defendant's character and conduct in conformity therewith. No, because evidence of prior crimes is generally inadmissible to show propensity. No, unless the defendant testifies first.

Correct Answer:

No, because evidence of prior crimes is generally inadmissible to show propensity.

Explanation:

Under Federal Rule of Evidence 404(b), evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character (propensity).

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