Also known as: absence of mistakes · mistake of fact · mutual mistake
Written by attorneys · grounded in primary & secondary sources — see below
A non-propensity purpose for which evidence of other crimes, wrongs, or acts may be admitted to show that the defendant's conduct was not the product of an innocent error or accident.
Alexis Archer purchased a commercial building from Alliance Holdings. After closing she discovered the HVAC system remained broken. She offered evidence that Alliance Holdings had performed identical repairs on two prior sales to the same buyer, showing the failure here was not an oversight. The court admitted the evidence on the absence of mistake theory.
Anthony Arnold was charged with importing cocaine hidden in a brass statue. He claimed he had no idea the statue contained drugs and that customs agents had planted them. The government offered evidence that Arnold had twice before used identical statues with false bottoms to smuggle narcotics. The court admitted the prior acts to prove absence of mistake, allowing the jury to conclude the current concealment was deliberate rather than accidental.
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Amelia Amari was charged with assault after striking a neighbor. She claimed she reasonably believed she was about to be attacked. The government offered evidence that Amari had twice before fabricated self-defense claims after similar arguments. The court admitted the prior acts to prove absence of mistake, allowing the jury to conclude she knew no real threat existed.
Andre Antoine was charged with tax fraud after omitting income on his return. He claimed the omission was an innocent clerical error. The government offered evidence that Antoine had used the same omission method on two prior returns that were later audited. The court admitted the prior acts to prove absence of mistake.
Anika Anand was prosecuted for arson at her business. She claimed the fire started accidentally when she left a space heater on. The government introduced evidence of two earlier fires at her prior businesses that shared the same unusual accelerant pattern. The court admitted the evidence after finding sufficient proof the prior acts occurred and that their probative value on absence of mistake was not substantially outweighed by prejudice.
Ava Adebayo was charged with insurance fraud after a warehouse fire. She claimed she had accidentally left flammable materials near a heater. The government offered evidence that Adebayo had staged two prior fires at other insured properties using the same materials and timing. The court admitted the prior acts to prove absence of mistake.
It permits other-acts evidence to rebut a claim that the charged conduct resulted from innocent error or accident rather than from intent or knowledge.
Absence of mistake uses the prior act to show the current act was knowing or intentional, not to prove the defendant has a general disposition to commit such acts.
The evidence must be relevant to a non-propensity issue, the jury must be able to find the prior act occurred, and its probative value must not be substantially outweighed by unfair prejudice under Rule 403.
No. The prior act need only share features that make it more probable the defendant acted knowingly rather than by mistake in the present case.
…acts on some issue other than status ( i. e. , to prove "motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident," Fed. Rule Evid. 404(b)), Rule 404(b) guarantees the opportunity to seek its admission. Nor can it be argued that the events behind the prior conviction are proper nourishment…