Which statement is NOT true about the 404(b) other acts evidence?

Which statement is NOT true about the 404(b) other acts evidence?

• A. It prohibits using other acts to prove conduct on a particular occasion.
• B. It allows other acts for other permissible purposes.
• C. It is never allowed for any purpose.
• D. It may be admissible for purposes other than proving conduct.

Answer: (C)

The idea being tested is how 404(b) other acts evidence works. Evidence of other acts isn’t allowed to prove that the defendant acted in a certain way in the current case simply because they have a bad character. But it isn’t wholly barred either: it can be admitted for other legitimate purposes such as showing motive, intent, knowledge, opportunity, preparation, plan, identity, or absence of mistake or accident. It may also be used to rebut a claim or to show absence of accident, with the court giving a limiting instruction to avoid unfair prejudice. That’s why the statement claiming it’s never allowed for any purpose isn’t true. 404(b) does permit other acts evidence for permissible purposes, provided it meets the rules for relevance and prejudicial effect. The remaining statements accurately describe the allowed uses and the general limitation.

The idea being tested is how 404(b) other acts evidence works. Evidence of other acts isn’t allowed to prove that the defendant acted in a certain way in the current case simply because they have a bad character. But it isn’t wholly barred either: it can be admitted for other legitimate purposes such as showing motive, intent, knowledge, opportunity, preparation, plan, identity, or absence of mistake or accident. It may also be used to rebut a claim or to show absence of accident, with the court giving a limiting instruction to avoid unfair prejudice.

That’s why the statement claiming it’s never allowed for any purpose isn’t true. 404(b) does permit other acts evidence for permissible purposes, provided it meets the rules for relevance and prejudicial effect. The remaining statements accurately describe the allowed uses and the general limitation.