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US-CA8 · jury_instructions

8th Cir. Model Jury Instr. (Criminal) 2.09

Defendant's Prior Similar Acts—Where Introduced to Prove Identity (Fed. R. Evid. 404(B))

activein force · 2026-08-19 – presentas-observed

You [are about to hear] [have heard] evidence that the defendant previously committed [an act] [acts] similar to [the one] [those] charged in this case. You may use this evidence to help you decide [manner in which the evidence will be used to prove identity—e.g., whether the similarity between the acts previously committed and the one[s] charged in this case suggests that the same person committed all of them].1 [If you find that the evidence of other acts is not more likely true than not true, you must disregard it. You will decide whether the other acts have been proved after considering all of the evidence and deciding what evidence is more believable. This is a lower standard than proof beyond a reasonable doubt.]2

The defendant is on trial for the crime[s] charged and for [that] [those] crime[s] alone. You may not convict a person simply because you believe [he] [she] may have committed some act[s], even bad act[s], in the past.3

Provenance

Source
juryinstructions.ca8.uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
36e6ea2539127bf84a750b2f3ee081395808f652939ae811654c2a4ba6fbe4df
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