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“Reverse” 404(B) Is Not An Evidence Law Issue: A Call To Revive The Compulsory Process Clause As A Vehicle For Evidence Admission, Clay Wilwol
New Mexico Law Review
In criminal cases, Federal Rule of Evidence 404(b) is typically used by prosecutors seeking to introduce non-propensity “crimes, wrongs, or other acts” evidence against defendants. However, sometimes it is the defendant who seeks to use the Rule as a vehicle for evidence admissibility, either to provide such evidence to implicate the guilt of a third party or to help prove the intent or motive of alleged victims in violent crimes involving altercations. This latter defense-proffered use of Rule 404(b) has been termed “reverse” 404(b), and currently there is disagreement among courts (both federal and state) regarding how to assess the …