FRE 404(b) Prior Bad Acts Admissibility
FRE 404(b) governs the admissibility of prior bad acts and crimes in federal court, restricting their use to prove character propensity. Commonly tested on the bar exam and in law school Evidence courses, the rule is frequently misapplied. Mastering its MIMIC exceptions — motive, intent, identity, and knowledge — is critical for trial practice.
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5 CardsHow does a court evaluate 404(b) evidence?
Intrinsic vs extrinsic evidence under 404(b)
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What is the MIMIC rule in evidence law?
MIMIC is a mnemonic for the permissible purposes under FRE 404(b): Motive, Intent, Mistake (absence of), Identity, and Common plan. These allow prior bad acts as proof of something other than character propensity.
What is the difference between FRE 404(a) and 404(b)?
FRE 404(a) governs character evidence about a person's general trait, while FRE 404(b) addresses specific prior acts. 404(a) is generally inadmissible; 404(b) permits prior acts only for non-propensity purposes like motive or identity.
How do courts limit 404(b) evidence at trial?
Courts require a limiting instruction telling jurors they may only consider the prior act for its specific permitted purpose, not as proof the defendant has bad character or acted in conformity with it.