What evidence is admitted to prove motive in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Salameh, 152 F.3d 88, 1998 WL 440473 (2nd Cir. 1998):

Although it does not bear directly on the charged elements of a crime, evidence offered to prove motive is commonly admitted. See id. at 106-07. In addition, evidence that provides background information necessary to the jury's understanding of the nature of the conspiratorial agreement properly is admitted "to furnish an explanation of the understanding or intent with which certain acts were performed." United States v. Daly, 842 F.2d 1380, 1388 (2d Cir.1988).

Where a defendant is a member of a conspiracy, all the evidence admitted to prove that conspiracy, even evidence relating to acts committed by co-defendants, is admissible against the defendant. See, e.g., United States v. Cunningham, 723 F.2d 217, 230 (2d Cir.1983).

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