What is the test for admitting evidence of prior criminal conduct?
MultiRegion, United States of America
The following excerpt is from U.S. v. Vizcarra-Martinez, 57 F.3d 1506 (9th Cir. 1995):
Evidence of prior criminal conduct may be admitted if (1) the evidence tends to prove a material point; (2) the prior act is not too remote in time; (3) the evidence is sufficient to support a finding that the defendant committed the other act; and (4) (in cases where knowledge and intent are at issue) the act is similar to the offense charged.
United States v. Mayans, 17 F.3d 1174, 1181 (9th Cir.1994). In applying this test, we have repeatedly emphasized that:
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