Washington State Rule of Evidence 404: What You Need to Know

Washington State Rule of Evidence 404, also known as the “other crimes” rule, is a rule of law that generally prohibits the introduction of evidence of a person’s other crimes, wrongs, or acts to prove their character in order to show that they acted in conformity with that character on a particular occasion. This rule is intended to prevent juries from convicting a person based on their past conduct rather than the evidence presented in the case at hand.

However, there are a number of exceptions to the other crimes rule. Evidence of other crimes may be admissible if it is relevant to prove one of the following:

• Identity: Evidence of other crimes may be admissible to prove that the accused is the person who committed the crime charged. For example, if the accused is on trial for murder and the prosecution has evidence that the accused has committed other murders, this evidence may be admissible to prove that the accused is the identity of the person who committed the murder at issue.
• Motive: Evidence of other crimes may be admissible to prove the accused’s motive for committing the crime charged. For example, if the accused is on trial for theft and the prosecution has evidence that the accused has committed other thefts, this evidence may be admissible to prove that the accused’s motive for committing the theft at issue was financial gain.
• Intent: Evidence of other crimes may be admissible to prove the accused’s intent in committing the crime charged. For example, if the accused is on trial for arson and the prosecution has evidence that the accused has committed other arsons, this evidence may be admissible to prove that the accused’s intent in committing the arson at issue was to destroy property.
• Common scheme or plan: Evidence of other crimes may be admissible to prove that the crime charged was part of a common scheme or plan. For example, if the accused is on trial for robbery and the prosecution has evidence that the accused has committed other robberies, this evidence may be admissible to prove that the robbery at issue was part of a common scheme or plan to rob banks.
• Mistake or accident: Evidence of other crimes may be admissible to rebut the accused’s defense of mistake or accident. For example, if the accused is on trial for murder and claims that the shooting was an accident, the prosecution may be able to introduce evidence of other crimes, such as other shootings that the accused has committed, to rebut this defense.

In addition to the above exceptions, the other crimes rule does not apply to evidence of prior convictions. Evidence of prior convictions may be admissible for the purpose of impeachment, to prove an element of the crime charged, or to prove a motive or intent.

When deciding whether to admit evidence of other crimes, the court must weigh the probative value of the evidence against the potential for unfair prejudice to the accused. The court must also consider whether the evidence is necessary to prove the accused’s guilt and whether there are less prejudicial ways to prove the same facts.

You can read the text of ER 404 here: https://www.courts.wa.gov/court_rules/pdf/ER/GA_ER_04_04_00.pdf

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