US-CA8 · jury_instructions
8th Cir. Model Jury Instr. (Criminal) 2.08
Defendant's Prior Similar Acts—Where Introduced to Prove an Issue Other Than Identity (Fed. R. Evid. 404(B))
You [are about to hear] [have heard] [evidence] [testimony] that the defendant (describe evidence the jury is about to hear or has heard). You may consider this evidence only if you (unanimously) find it is more likely true than not true that the defendant committed the act. This is a lower standard than proof beyond a reasonable doubt. You decide that by considering all of the evidence relating to the alleged act, then deciding what evidence is more believable.
If you find that this evidence has not been proved, you must disregard it. If you find this evidence has been proved, then you may consider it only for the limited purpose of deciding whether [defendant] [had the state of mind or intent necessary to commit the crime charged in the indictment]; or [had a motive or opportunity to commit the acts described in the indictment]; or [acted according to a plan or in preparation for commission of a crime]; or [committed the acts [he] [she] is on trial for by accident or mistake];or[describe other permissible purpose].1 You should give it the weight and value you believe it is entitled to receive.
Remember, even if you find that the defendant may have committed [a] similar [act] [acts] in the past, this is not evidence that [he] [she] committed such an act in this case. You may not convict a person simply because you believe [he] [she] may have committed similar acts in the past. The defendant is on trial only for the crime[s] charged, and you may consider the evidence of prior acts only on the issue[s] stated above.2
Provenance
- Source
- juryinstructions.ca8.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
6be9d98ed9c45bb64d06530396600ca0b26ed3c19bf772046befb71bb6b431eb
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