If the defense is claiming that the eyewitness incorrectly identified the defendant as the perpetrator of the crime, the prosecution can introduce evidence that the defendant previously committed a similar crime even though he/she was not convicted.

Question

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If the defense is using misidentification as a defense, the prosecution may introduce evidence of the defendant's prior criminal conduct to show the defendant's modus operandi, which can be relevant to prove identity. However, the evidence must have a probative value that is not substantially outweighed by the danger of unfair prejudice to the defendant.

If the Defense Is Claiming That the Eyewitness Incorrectly Identified