Rule 404(b) is among the most litigated and contentious Rules of Evidence in capital cases. The determination of whether evidence of other acts [usually criminal in nature] will be admitted affects not only the determination of guilt but also the jury's view of what punishment is appropriate. This session will break down the Rule and address its future, particularly in light of the 2017 ruling in Commonwealth v. Hicks that showed a divide in the Pennsylvania Supreme Court about how far-reaching 404(b) proof may be.
Recorded during the 2018 Criminal Law Symposium in June 2018.The credits offered by this course count toward the CLE requirement of Criminal Procedure Rule 801, for appointment as defense counsel in a capital case.
IMPORTANT NOTE: The CLE Board indicates that you can earn all 18 of your capital case credits by distance education. However, for the general Pennsylvania CLE requirement of 12 credits per compliance year, only 6 can be earned by distance education per compliance year.