Wednesday, March 12, 2008

Fed. R. Evid. 404(b)

It seems the government wants to use Fed. R. Evid. 404(b) to show predisposition to commit bribery on the part of Dick Scruggs, Zach Scruggs and Sid Backstrom. They was to use the information from Joey Langston and Tim Balducci regarding the Wilson Case before Judge Bobby DeLaughter to show in essence that the defendants had bribery in thier hearts when Judge Lackey, a government agent acting outside of his authority and outside of various rules applicable to him, put the sting on Tim Balducci. Balducci supposedly being the agent for the defendants.

This is very interesting. What is of real interest is whether it is proper to use 404(b) evidence to proof a predisposition to commit a crime. That, it seems, is what has to be established by the government in this entrapment case, this outrageous government act entrapment case.

One can imagine using such evidence to help establish a crime. One has a hard time imagining using such evidence, or having the right to use such evidence, to establish predisposition regarding defending against entrapment.

Or, looking at it another way, using such evidence to excuse the conduct of the government and Judge Lackey.

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